Product details

Publisher: 
Carswell
Practice area: 
Criminal law & procedure
Jurisdiction: 
Canada
Publication date: 
2022-08-24
Carswell

The 2023 Annotated Tremeear's Criminal Code, Print and ProView eBook

Availability: Partial Stock
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:
  • 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 2023 Annotated Tremeear’s Criminal Code introduces comprehensive annotations of significant cases from across Canada since the publication of last year’s edition, including the following decisions of the Supreme Court of Canada:

  • R. v. Chouhan, 2021 SCC 26 – After a new procedural amendment has been introduced, the question under s. 11(d) of the Charter is not whether the new process is less advantageous to the accused, but whether the new process gives rise to a reasonable apprehension of bias and deprivation of the accused’s right to a fair trial.
  • R. v. Esseghaier, 2021 SCC 9 – Upon the defence showing a procedural error had led to an improperly constituted jury, the Crown bears the onus to show that the accused suffered no deprivation of the right to a fair trial and, thereby, no prejudice.
  • R. v. G.F., 2021 SCC 20 – Only after the existence of subjective consent has been established must a court consider whether it had been vitiated.
  • R. v. Khill, 2021 SCC 37 – For instances of self-defence, the trier of fact must consider the totality of the accused’s conduct since “the person’s role in the incident” may shed light on the nature and extent of the accused’s responsibility for the ultimate act the underlies the charge.
  • R. v. Kishayinew, 2020 SCC 34 – Despite the complainant having experienced a memory “blackout” at the time of the sexual activity, non-consent may still be proven with evidence of the surrounding circumstances.
  • R. v. R.V., 2021 SCC 10 – Where the same indictment includes counts of sexual interference, an invitation to sexual touching, and sexual assault, judges should avoid confusion with the terms “force” and “touch” – use of “touch” for all instances should be sufficient.
  • Sherman Estate v. Donovan, 2021 SCC 25 – Although the presumption in favour of open courts is a strong one, limits may be granted upon showing that court openness poses a risk to an important public interest; that the order sought is necessary, and the only reasonable option for preventing this risk; and, as a matter of proportionality, the benefits of the order outweigh its negative effects.


Amendments to the legislation featured in the 2023 Annotated Tremeear’s Criminal Code 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)
  • The Sage and Regulated Sports Betting Act, S.C. 2021, c. 20 (former C-218).


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

The 2023 Annotated Tremeear's Criminal Code, Print and ProView eBook

Availability: Partial Stock

Description

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:
  • 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 2023 Annotated Tremeear’s Criminal Code introduces comprehensive annotations of significant cases from across Canada since the publication of last year’s edition, including the following decisions of the Supreme Court of Canada:

  • R. v. Chouhan, 2021 SCC 26 – After a new procedural amendment has been introduced, the question under s. 11(d) of the Charter is not whether the new process is less advantageous to the accused, but whether the new process gives rise to a reasonable apprehension of bias and deprivation of the accused’s right to a fair trial.
  • R. v. Esseghaier, 2021 SCC 9 – Upon the defence showing a procedural error had led to an improperly constituted jury, the Crown bears the onus to show that the accused suffered no deprivation of the right to a fair trial and, thereby, no prejudice.
  • R. v. G.F., 2021 SCC 20 – Only after the existence of subjective consent has been established must a court consider whether it had been vitiated.
  • R. v. Khill, 2021 SCC 37 – For instances of self-defence, the trier of fact must consider the totality of the accused’s conduct since “the person’s role in the incident” may shed light on the nature and extent of the accused’s responsibility for the ultimate act the underlies the charge.
  • R. v. Kishayinew, 2020 SCC 34 – Despite the complainant having experienced a memory “blackout” at the time of the sexual activity, non-consent may still be proven with evidence of the surrounding circumstances.
  • R. v. R.V., 2021 SCC 10 – Where the same indictment includes counts of sexual interference, an invitation to sexual touching, and sexual assault, judges should avoid confusion with the terms “force” and “touch” – use of “touch” for all instances should be sufficient.
  • Sherman Estate v. Donovan, 2021 SCC 25 – Although the presumption in favour of open courts is a strong one, limits may be granted upon showing that court openness poses a risk to an important public interest; that the order sought is necessary, and the only reasonable option for preventing this risk; and, as a matter of proportionality, the benefits of the order outweigh its negative effects.


Amendments to the legislation featured in the 2023 Annotated Tremeear’s Criminal Code 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)
  • The Sage and Regulated Sports Betting Act, S.C. 2021, c. 20 (former C-218).


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.