This fifteenth edition continues to focus on tools students must acquire to be effective criminal lawyers, including critical skills. The aim is to explore substantive principles and the trial context: the adversary system, how elements of crime are proved, principles of act and fault, legal justifications and excuses, and sentencing principles. Integrated throughout is a consideration of the impact of the Charter. The focus is on major sources: the Criminal Code itself and key judicial decisions. Learning is facilitated by notes, questions, problems and general review questions.

In this edition we made a special effort to thoroughly update, re-edit, prune or delete dated material. Particularly major changes were made in chapters 1 and 4.

Chapter 1 has been thoroughly re-organized. The Chapter now begins with material focusing on the role of criminal law in society, as well as critiques from various perspectives as to whether the system achieves its stated goals. Sentencing is also incorporated into that discussion, as part of the way the system tries to achieve those objectives. Following that, we turn to discussion of the sources of criminal law, a procedural overview, and the roles and responsibilities of actors in the system.

Chapter 4 respecting Sexual Assault is updated to reflect recent Criminal Code amendments, particularly those respecting the meaning of consent and the defence of belief in communicated consent. Many of these amendments reflect Supreme Court of Canada jurisprudence. We fully consider the Supreme Court’s major rulings in R. v. Barton concerning a first degree murder charge following sexual activity resulting in death of an Indigenous victim. Also addressed is our how the Court suggests the trial judge should have dealt with the likely prejudice arising from the reality that the complainant was an indigenous sex trade worker. We also include consideration of the Court’s ruling in R. v. Goldfinch on the controversial question of the admissibility of prior sexual conduct of the accused.

Case Highlights

Major Supreme Court decisions incorporated into this edition are:

• Friesen — sentencing principles and harsher sentences for offences against children
• Boudreault — mandatory victim surcharges violate section 12 of Charter
• Zora — subjective mens rea for bail breach offences
• Javanmardi — activity - sensitive approach to objective fault
• Barton — consent and belief in communicated consent respecting sexual assault
• Goldfinch — admissibility of prior sexual conduct of the complainant with the accused
• Morrison — reasonable steps defence to internet luring

Major Ontario Court of Appeal decisions include the following:

• Sullivan — denial of extreme intoxication defence to general intent crimes violating Charter
• Khill — self-defence under 2013 Criminal Code regime