Quickly find important cases—so you can present your arguments with confidence. Authoritative commentary, case summaries, and cross-references help you understand how the parts of the Criminal Code interact. Defence, Crown, and the judiciary all trust the indispensable annotations and commentary in this acclaimed resource. Key features
New in the 2022 edition
- 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)
- Offence Sentencing Tables for ascertaining maximum and minimum sentences, assessing ranges, and evaluating options and orders
- Forms of charges
- A table of concordance
The 2022 Annotated Tremeear's Criminal Code features all the latest legislative amendments, including those introduced by the following:
- An Act to amend the Criminal Code (medical assistance in dying), S.C. 2021, c. 2 (former Bill C-7)
- The Canada – United States – Mexico Agreement Implementation Act, S.C. 2020, c. 1 (former Bill C-4)
- Canada Regulation 2021-44 – amending the Controlled Drugs and Substances Act
This edition also incorporates such key cases as:
Supreme Court of Canada Cases
Court of Appeal Cases
- R. v. Ahmad, 2020 SCC – The reasonable suspicion standard requires police to disclose the basis of their belief, and to show legitimate reasons relating to criminality for targeting a person associated with a location.
- R. v. Chung, 2020 SCC – On a Crown appeal, the appealable error must be traced to a question of law rather than a question regarding how evidence had been weighed or assessed to meet the standard of proof.
- R. v. Friesen, 2020 SCC – Sentencing ranges and starting points are guidelines only, and appellate courts can neither treat a departure from one or both as an error in law nor intervene because such a sentence differs from others that had been derived from them.
- R. v. K.G.K., 2020 SCC – In determining whether there has been a breach to the s. 11(b) Charter right to trial within a reasonable time, the presumptive ceilings of Jordan apply only to the end of the evidence and argument, not to the time taken for the judge to reach a verdict.
- R. v. Li, 2020 SCC – “[E]nters a verdict of guilty” in s. 691(2)(b) includes making an order setting aside a permanent stay, where such an order would be tantamount to the entry of a guilty verdict.
- R. v. Zora, 2020 SCC – To prove guilt for violating a release order, the Crown must establish subjective mens rea by showing the accused had knowingly or recklessly breached a condition of the order.
- R. v. Awasis, 2020 BCCA – In any case involving an indigenous offender, including long-term or dangerous offender proceedings, the judge must consider Gladue factors when determining a just and appropriate sentence.
- R. v. Bensaadi, 2020 QCCA – In summary conviction proceedings, under s. 813(b)(i), the Crown has a right to appeal an acquittal not only on questions of law, but also on those of fact and those of mixed law and fact.
- R. v. Chouhan, 2020 ONCA – The abolition of peremptory challenges does not offend ss. 7, 11(d) or 11(f) of the Charter.
- R. v. Cowan, 2020 SKCA – Where several persons are alleged to have been involved in the commission of an offence, proving the accused had aided or abetted an aider or abettor relating to the offence may be sufficient to convict the accused.
- R. v. Foster, 2020 NBCA – Prior to turning to analyze the defence of honest but mistaken belief in communicated consent, the court must determine whether the Crown has proven non-consent beyond a reasonable doubt.
- R. v. Harms, 2020 BCCA – The knowledge component in possession requires proof of actual knowledge or wilful blindness – proof of recklessness is not enough.
- R. v. JMW, 2020 ABCA – For child pornography offences, evidence that others had access to the accused’s computers is not third-party suspect evidence.
- R. v. McSween, 2020 ONCA – Proof of a “sexual purpose” is not an essential element of an offence under s. 172.1 – The Crown need only prove engagement in the prohibited conduct with the specific intent of facilitating the commission of the offence.
- R. v. Petrowski, 2020 MBCA – Given the heightened danger and harm caused by fentanyl, offences involving the trafficking or importation of this substance warrant higher sentences than those relating to cocaine or heroin.
- R. v. Zoe, 2020 NWTCA – Absent a palpable and overriding error, appellate courts should defer to trial judges’ findings of fact based on eyewitness identification evidence.