Martin’s Annual Criminal Code, 2023 Edition, discusses recent case law, including the following:

• R. v. White, 2022 SCC 7 – According to the Supreme Court of Canada, the failure of counsel to obtain instructions from the accused, regarding the exercise of the right to elect mode of trial, will not necessarily constitute a miscarriage of justice warranting a new trial.
• R. v. Vallières., 2022 SCC 10 – The Supreme Court of Canada held the discretion provided by s. 462.37(3) not to permit judges to limit the amount of a fine in lieu of forfeiture merely to the profit from criminal activity, vis-à-vis the value of the property subject to forfeiture.
• R. v. Parranto 2021 SCC 46 – According to the Supreme Court of Canada, starting points and sentencing ranges offer guidance for sentencing and appellate courts to arrive at a proportionate sentence, but should not be treated as binding upon those courts – it is not an error of law when a sentencing court fails to apply or to refer to a starting point.
• R. v. Lai, 2021 SCC 52 – The Supreme Court of Canada attributed delay to the defence, after the lateness of the accused’s decision to re-elect for trial in the superior court had resulted in the loss of earlier available court dates.
• R. v. J.D., 2022 SCC 15 – The Supreme Court of Canada found, where the accused has been represented by counsel and the parties have consented to the filing of the transcript from a first trial as evidence on the merits in a second trial, subs. 903(3) does not present the need for any special inquiry into the voluntary and informed qualities of their agreement.

Amendments to the Criminal Code and other legislation featured in Martin’s Annual Criminal Code, since its 2022 edition, include those introduced by the following:

• An Act to amend the Criminal Code and the Canada Labour Code, S.C. 2021, c. 27 (former Bill C-3)
• An Act to amend the Criminal Code (conversion therapy, S.C. 2021, c. 24 (former Bill C-24)
• Sage and Regulated Sports Betting Act, S.C. 2021, c. 20 (former C-218).

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