Authoritative commentary, case summaries of appellate court decisions, and cross-references to related provisions help you understand how the parts of the Criminal Code interact
Get quick access to the important cases – so you can present your arguments with confidence. Authoritative commentary, case summaries of appellate court decisions, and cross-references to related provisions help you understand how the parts of the Criminal Code interact.
Throughout its history, defence, Crown and the judiciary have all come to trust and rely upon the indispensable annotations and commentary by the Tremeear's authors in this acclaimed courtroom resource.
- Features thousands of Supreme Court of Canada and provincial appellate Court decisions
- Cross-references the appropriate specimen jury instructions (Watt's Manual of Criminal Jury Instructions)
- Includes Offence Tables that allow you to classify an offence, determine maximum and minimum sentences and the range of sentencing options and orders, forms of charges, and table of concordance
New in this edition
The 2018 edition of The Annotated Tremeear’s Criminal Code:
Fatures all of the latest legislative amendments, including those stemming from An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), S.C. 2016, c. 3 (former bill C.14), which includes the following changes to the Criminal Code:
- The introduction of exemptions to Criminal Code offences in order to allow medical and nurse practitioners, pharmacists, and other persons to provide assisted death;
- The articulation of criteria and safeguards before medical assistance in dying could be administered;
- The establishment of requirements for those involved in providing such assistance to furnish information in order to permit monitoring of this process; and
- The creation of new offences for failing to respect the criteria or safeguards; for forging or destroying documents related to medical assistance in dying; for failing to provide information required to monitor this process; and for contravening regulations made by the Minister of Health.
As well, the Schedules to the Controlled Drugs and Substances Act have undergone amendment introduced by the following: SOR/2017-44, SOR/2017-13, SOR/2016-295, SOR/2016-107, and SOR/2016-73.
Incorporates such key cases as:
- R. v. Antic, 2017 SCC – Cash bail should only be ordered in exceptional circumstances. The right to reasonable bail relates to the terms of the bail, including the quantum of any monetary component and other restrictions.
- R. v. Cody, 2017 SCC – Defence delay is comprised of two components – delay waived by the defence and delay caused by defence conduct. All participants in the justice system must take a proactive approach to prevent and minimize delay.
- R. v. Oland, 2017 SCC – Public interest is comprised of two components, public safety and public confidence in the administration of justice. Public confidence should be measured through the eyes of a reasonable member of the public who is thoughtful, dispassionate, informed of the circumstances of the case, and respectful of society’s fundamental values.
- R. v. Paterson, 2017 SCC – “Exigent circumstances” denotes not merely convenience, propitiousness or economy, but rather urgency arising from the circumstances calling for immediate police action to preserve evidence, officer safety or public safety.
- R. v. Awer, 2017 SCC – Subjecting the evidence of the defence’s experts to materially different levels of scrutiny than that of the Crown’s experts, absent any reason to do so, effectively shifts the burden of proof to the accused.
Court of Appeal Cases
- R. v. Dupe, 2016 ONCA – The position of the defence is part of the context in which the “air of reality” test is applied to the totality of the evidence adduced at trial.
- R. v. Derbyshire, 2016 NSCA – The doctrine of abuse of process may apply to police misconduct in “Mr. Big” operations, but should not be limited to that context.
- R. v. Wiens, 2016 BCCA – The Crown may lead evidence of the victim’s peaceful disposition when such evidence would be relevant to the issue of whether the accused had acted in self-defence, provided its probative value outweighed its prejudicial effect – admissibility does not hinge on the accused having attacked the victim’s character.
- R. v. Chapman, 2016 ONCA – Under s. 150.1(4), the accused is not required to have made every possible inquiry to ascertain the victim’s age – the accused need only to have taken all reasonable steps in order to invoke the mistake of age defence successfully.
- R. v. C. (D.), 2016 MBCA – Concurrent sentences are rarely appropriate in cases involving separate victims of sexual abuse, each of whom has suffered an individual harm.
- R. v. Parsley, 2016 NLCA – Where a confidential informant is a person of known identity and proven reliability, the need for independent corroboration, in whole or in part, of that CI’s information diminishes – there is no legal requirement for such corroboration.
- R. v. Briltz, 2016 SKCA – In s. 249.1(1), the term “pursued” means “following with intent to overtake” – active following is not synonymous with pursuit.
- R. v. Suter, 2016 ABCA – The sentencing range for the refusal offence after causing an accident leading to death is the same as that for impaired operation causing death – a finding that the accused was not impaired may be treated as a mitigating factor for the refusal offence.
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