Product Details
978-0-7798-8630-2
Book
Approximately 420 pages
1 volume bound
softcover
2018-06-29
Carswell

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The Trial of Sexual Offence Cases, Second Edition
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Description

The Trial of Sexual Offence Cases, Second Edition, is a guide for Crown counsel, defence counsel, and judges in cases of sexual assault or any of the related sexual offences.

The Trial of Sexual Offence Cases, Second Edition, is a basic guide to the relevant issues and authorities of which Crown counsel, defence counsel, and judges should be aware in cases of individuals charged with sexual assault or any of the related sexual offences. This manual is intended to be a starting point and quick reference source. The authors draw upon their extensive experience to provide step-by-step guidance for both Crown and defence, from the initial client interview to the completion of the proceedings in the criminal justice system, including sentencing. Among the topics addressed are the factors to consider, and procedures involved, in making a Seaboyer application, the topic of child witnesses, expert witnesses, third-party record applications, and publication bans. For ease of reference, the relevant statutory provisions, including those no longer in force that may apply in cases of delayed complaints, are set out in the Appendices. Also included in the Appendices are excerpts from Watt's Manual of Criminal Jury Instructions, Second Edition.

New in this edition

New and updated contents in this second edition include:

  • A new chapter on human trafficking
  • Updates throughout the publication, to reflect such jurisprudential developments as:
    • New Supreme Court of Canada and provincial appellate level authorities clarifying the scope of consent, vitiation of consent including due to fraud (non-disclosure of HIV status) or bodily harm or incapacity, and the requisite elements to the mistaken belief in age defence
    • Recent provincial appellate level authorities regarding the application and scope of s. 276 of Criminal Code, including additional and recent examples of admissible and inadmissible evidence
    • Decisions regarding the importance of avoiding resort to stereotypes and myths in the assessment of evidence in sexual assault trials
About the Author
The Honourable Madam Justice Michelle Fuerst is the Regional Senior Judge of the Central East Region of the Ontario Superior Court of Justice. Prior to her appointment as a Superior Court Judge in 2002, she was with the Toronto firm of Gold & Fuerst practising exclusively in criminal and quasi-criminal litigation. She has appeared in both the trial and appellate courts as well as before various administrative tribunals. She was an instructor for the Ontario Bar Admission Course in Criminal Procedure and formerly a part-time instructor with Osgoode Hall Law School. She is co-Chair of the Federation of Law Societies' annual National Criminal Law Program, Senior Chair of the Canadian Bar Association's Judges' Forum, a Director of the Ontario Superior court Judges' Association, a member of the Education Committee for the Ontario Superior Court of Justice, and a past President of both the Canadian Bar Association – Ontario and the Criminal Lawyers' Association (Ontario).
Mona Duckett practices criminal defence and related administrative law in Edmonton with the firm Dawson Stevens Duckett & Shaigec, Barristers. She received her Bachelor of Laws from the University of Alberta in 1983 and was admitted to the Alberta Bar the following year. Mona was a Bencher of the Law Society of Alberta from 2000 to 2006, serving as President in 2006. She has been a Fellow of the American College of Trial Lawyers since 2003, and is a current member and past president of the Criminal Trial Lawyers Association. Mona has also been a Bar Admission Course instructor in criminal law since 1987, and a member of the Faculty of the National Criminal Law Program since 2000.

The Honourable Mr. Justice Frank P. Hoskins is former Chief Crown Attorney for Halifax was appointed to the Nova Scotia Provincial Court in 2008. A Halifax native, Judge Hoskins graduated from Saint Mary's University with a bachelor of arts and a bachelor of education. He earned his law degree at Dalhousie Law School in 1989. He began prosecuting in 1990 and was appointed a Crown attorney in 1991. In 1995, he left the Nova Scotia Public Prosecution Service, returning in 1996.During his time at the Public Prosecution Service, Judge Hoskins held positions as senior Crown attorney, senior Crown counsel, and chief Crown attorney of the Halifax region and special prosecutions. He was appointed Queen's Counsel in 2006.