The 2021 Annotated Tremeear's Criminal Code
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The Annotated Tremeear's Criminal Code features thousands of Supreme Court of Canada and Court of Appeal decisions, cross-references to appropriate specimen jury instructions (Watt's Manual of Criminal Jury Instructions), forms of charges and a table of concordance. This book also includes Offence Sentencing Tables for ascertaining maximum and minimum sentences, assessing ranges, and evaluating options and orders.
Whats New in the 2021 edition All the latest legislative amendments, including those introduced by former Bills C-75, C-4, C-97, C-84, C-77, C-71, C-59 and S-203; as well as recent significant cases, such as:
- Denis. v. Côté, 2019 SCC Under s. 39.1, upon establishing a journalist and a journalistic source, the onus shifts to the party seeking disclosure to establish reasonable necessity and other conditions needed for judicial authorization to gain access.
- R. v. Javanmardi, 2019 SCC Prosecuting unlawful act manslaughter under subs. 222(5)(a) requires no proof that the unlawful act was objectively dangerous, merely that the accused had committed the act and the act caused another persons death.
- Fleming v. Ontario, 2019 SCC To determine whether police conduct that interfered with an individuals liberty were authorized at common law, the court must apply the ancillary powers doctrine.
- R. v. R.V., 2019 SCC In s. 276, specific instances of sexual activity limit admissible evidence to discrete sexual acts and thereby protect against misuse of reputational evidence to discredit the victim or otherwise to distort the trial process.
- R. v. Penunsi, 2019 SCC While the preferred means of compelling an accuseds appearance at a peace bond hearind may be a summons, subs. 507(4) authorizes resort to a warrant when necessary in the public interest to do so.
- R. v. Goldfinch, 2019 SCC A defence of honest but mistaken belief in communicated consent cannot be grounded on evidence that the victim had consented at some point in the past without further evidence relating to how it had been communicated.
- R. v. Barton, 2019 SCC If the accuseds belief in communicated consent rested on a mistake of law, such as what constitutes legal consent, rather than on a mistake of fact, then the defence of honest but mistaken belief would not be available.
- R. v. Mills, 2019 SCC According to the SCC, the accused had no reasonable expectation of privacy in an electronic message he had sent to an undercover officer portraying a fictional child online.
- R. v. Chanyi, 2019 ABCA Under ss. 321 or 348, constructive breaking includes entry by way of an accessible opening without lawful justification or excuse.
- R. v. B.J.T., 2019 ONCA The fact that the victim consents or even initiates the sexual activity does not remove the trust relationship or the accuseds obligation as an adult to reject the invitation.
- R. v. M.C., 2019 ONCA The rationale underlying subs. 12(1) of the Canada Evidence Act is that the character of a witness, evidenced by his or her prior conviction(s), may be relevant in the assessment of his or her testimonial reliability.
- R. v. Sahouli, 2019 PECA The fruits of a search have no place in determining whether the ITO featured evidence that was credible, corroborated or compelling.
- Ayotte c. R., 2019 QCCA The mandatory minimum sentences in ss. 99(3) and 100(3) offended s. 12 of the Charter and could not be saved by s. 1.
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- Criminal law & procedure
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