Product details

Publisher: 
Carswell
Practice area: 
Criminal law & procedure
Jurisdiction: 
Ontario
Publication date: 
2021-08-09
Carswell

Martin's Ontario Criminal Practice, 2022 Edition, Print and ProView

Availability: Partial Stock

It includes a comprehensive review of:

  • Criminal Appeal Rules
  • Criminal Proceedings Rules of the Superior Court of Justice (annotated)
  • Rules of the Ontario Court of Justice in Criminal Proceedings (annotated)
  • Provincial Offences Act (relevant sections and regulations, annotated)
  • Regulations governing appeals under the Provincial Offences Act

Value-added features include:

  • Expanded case law
  • Ontario Review Board Rules of Procedure
  • An updated list of courts, agencies, and ministries organized by region
  • Concordance with cross references to the former rules followed by the Administrative Guidelines of the Ontario Court of Appeal

What's New in This Edition:

Criminal Appeal Rules – Rule 1 — Under s. 676(1)(a) of the Criminal Code, the Crown can only appeal an acquittal on a question of law alone. An appealable error must be traced to a question of law, rather than a question about how to weigh evidence and assess whether it meets the standard of proof. The Crown has no right of appeal merely because an acquittal is unreasonable: R. v. Chung, 2020 SCC 8.

Criminal Appeal Rules – Rule 18A non-exhaustive list of factors that can be considered in determining whether to dismiss an appeal as abandoned for want of failure to perfect in accordance with the Rules include: (i) the length of the delay beyond the perfection deadline; (ii) any explanation for the delay; (iii) the steps taken, if any, by the respondent on appeal to ensure timely perfection; (iv) the effect of delay on the respondent; (v) the significance of the issues on appeal to the administration of justice; and (vi) the conduct of the delinquent party: R. v. Villanti, 2020 ONCA 436.

Practice issues – DisclosureExpert ReportsThe Crown’s failure to disclose their expert’s report prior to the defence expert’s testimony undermined the accused’s right to make full answer and defence. Having never received the Crown expert’s report nor been challenged on those points in cross-examination, the accused was not given the opportunity to respond to the Crown expert’s critiques. The trial judge erred by preventing the Crown’s expert from criticizing the defence expert’s findings. This remedy was not sufficient to alleviate prejudice to the accused, and a new trial was ordered. R. v. Doonanco, 2020 SCC 2.

Practice issues – DisclosureObligation on Defence to Request Disclosure — In the context of a material piece of evidence, defence counsel’s failure to request disclosure did not outweigh the evidence’s materiality to trial issues. Defence counsel failed to request disclosure of the main witness’ criminal record, which had significant bearing on her credibility. This was not deemed to be a strategic decision of counsel, and the Crown’s non-disclosure was found to compromise trial fairness. R. v. Pascal, 2020 ONCA 287.

Practice issues – Disclosure – Late Disclosure — The trial judge erred in restricting his analysis to whether undisclosed evidence impacted the accused’s ability to respond to the merits of the case alone, and not to procedural breaches. The Crown waited until trial to disclose that the accused’s privately retainer investigator had defected to assist police in re-interviewing witnesses for further evidence. In denying the accused’s mistrial application, the trial judge failed to consider whether the Crown’s late disclosure prevented the accused from meaningfully exploring process-oriented defences such as Charter challenges. R. v. Sandeson, 2020 NSCA 47.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. The Thomson Reuters ProView web-based application is accessed via your browser. With the new ProView web app, offline capability is now available from your browser. The web application has a responsive design and is compatible with desktop, laptop and mobile devices.

Carswell

Martin's Ontario Criminal Practice, 2022 Edition, Print and ProView

Availability: Partial Stock

Description

It includes a comprehensive review of:

  • Criminal Appeal Rules
  • Criminal Proceedings Rules of the Superior Court of Justice (annotated)
  • Rules of the Ontario Court of Justice in Criminal Proceedings (annotated)
  • Provincial Offences Act (relevant sections and regulations, annotated)
  • Regulations governing appeals under the Provincial Offences Act

Value-added features include:

  • Expanded case law
  • Ontario Review Board Rules of Procedure
  • An updated list of courts, agencies, and ministries organized by region
  • Concordance with cross references to the former rules followed by the Administrative Guidelines of the Ontario Court of Appeal

What's New in This Edition:

Criminal Appeal Rules – Rule 1 — Under s. 676(1)(a) of the Criminal Code, the Crown can only appeal an acquittal on a question of law alone. An appealable error must be traced to a question of law, rather than a question about how to weigh evidence and assess whether it meets the standard of proof. The Crown has no right of appeal merely because an acquittal is unreasonable: R. v. Chung, 2020 SCC 8.

Criminal Appeal Rules – Rule 18A non-exhaustive list of factors that can be considered in determining whether to dismiss an appeal as abandoned for want of failure to perfect in accordance with the Rules include: (i) the length of the delay beyond the perfection deadline; (ii) any explanation for the delay; (iii) the steps taken, if any, by the respondent on appeal to ensure timely perfection; (iv) the effect of delay on the respondent; (v) the significance of the issues on appeal to the administration of justice; and (vi) the conduct of the delinquent party: R. v. Villanti, 2020 ONCA 436.

Practice issues – DisclosureExpert ReportsThe Crown’s failure to disclose their expert’s report prior to the defence expert’s testimony undermined the accused’s right to make full answer and defence. Having never received the Crown expert’s report nor been challenged on those points in cross-examination, the accused was not given the opportunity to respond to the Crown expert’s critiques. The trial judge erred by preventing the Crown’s expert from criticizing the defence expert’s findings. This remedy was not sufficient to alleviate prejudice to the accused, and a new trial was ordered. R. v. Doonanco, 2020 SCC 2.

Practice issues – DisclosureObligation on Defence to Request Disclosure — In the context of a material piece of evidence, defence counsel’s failure to request disclosure did not outweigh the evidence’s materiality to trial issues. Defence counsel failed to request disclosure of the main witness’ criminal record, which had significant bearing on her credibility. This was not deemed to be a strategic decision of counsel, and the Crown’s non-disclosure was found to compromise trial fairness. R. v. Pascal, 2020 ONCA 287.

Practice issues – Disclosure – Late Disclosure — The trial judge erred in restricting his analysis to whether undisclosed evidence impacted the accused’s ability to respond to the merits of the case alone, and not to procedural breaches. The Crown waited until trial to disclose that the accused’s privately retainer investigator had defected to assist police in re-interviewing witnesses for further evidence. In denying the accused’s mistrial application, the trial judge failed to consider whether the Crown’s late disclosure prevented the accused from meaningfully exploring process-oriented defences such as Charter challenges. R. v. Sandeson, 2020 NSCA 47.

About Thomson Reuters ProView

ProView is the way to read Thomson Reuters eBooks and eLooseleafs, published primarily for legal, accounting, human resources, and tax professions. The Thomson Reuters ProView web-based application is accessed via your browser. With the new ProView web app, offline capability is now available from your browser. The web application has a responsive design and is compatible with desktop, laptop and mobile devices.