Product Details
978-0-7798-8551-0
Book S.O. + CD-ROM
Annual volumes supplied on standing order subscription
1250 pages
1 volume bound
hardcover
2018-07-27
Canada Law Book

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Martin's Ontario Criminal Practice, 2019 Edition + CD
Availability: In Stock
$129.00
Description

Martin's Ontario Criminal Practice offers the most current and authoritative explanation of the rules of practice in Ontario's criminal justice system.

Martin's Ontario Criminal Practice offers the most current and authoritative explanation of the rules of practice in Ontario's criminal justice system, with:

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
  • Forms on CD-ROM

New in this edition

  • R. v. Cody, 2017 SCC 31 and R. v. Papasotiriou-Lanteigne, 2017 ONSC 6251 – Before permitting an application to proceed, a trial judge should consider whether it has a reasonable prospect of success. This assessment may require defence counsel to summarize the evidence it anticipates eliciting and, where that summary reveals no basis upon which the application could succeed, dismissing the application summarily. An applicant who cannot meet the reasonable prospect threshold is not entitled to call viva voce evidence or cross-examine affiants.
  • R. v. Sciascia, 2017 SCC 57 – A joint trial for provincial and summary conviction criminal charges is “permissible and desirable” when the charges share “a sufficient factual nexus and it is in the interest of justice to try them together”.
  • R. v. Short, 2018 ONCA 1 – In denying an application for removal of counsel of record, the trial judge erred in focusing on the content of the legal assistant’s affidavit regarding the non-payment of fees. The trial judge should have focused on the more expansive representations of counsel on the record regarding his ethical concerns and the full breakdown of the solicitor client relationship that went beyond mere non-payment of fees.
  • Brown v. Canada (Public Safety), 2018 ONCA 14 – Habeas corpus applications should not be joined with applications for Charter damages. Habeas corpus is intended to be an expeditious process for resolving the issue of the lawfulness of the deprivation of a person’s liberty. The remedy is aimed at determining whether the detention is currently unlawful, not when that unlawfulness arose. The remedy is not and should not become, a potentially complex and protracted process in which entitlement to s. 24(1) damages is determined.
  • R. v. Mossaddad, 2017 ONSC 5520 – The defence receives disclosure subject to an implied undertaking that the disclosure will not be used for any purpose other than making full answer and defence.
  • Practice direction – Effective May 1, 2017, the Court of Appeal for Ontario has adopted Guidelines for Teleconference and Videoconference Appearances in the Court of Appeal for Ontario.
About the Author

Edward L. Greenspan, Q.C., was a leading criminal defence lawyer in Canada and founding partner in the Toronto law firm of Greenspan Partners. He acted in some of Canada’s highest profile cases and was an acclaimed author and lecturer.

The Honourable Justice Marc Rosenberg was called to the bar of Ontario in 1976 and practised criminal law almost exclusively until being appointed to the Court of Appeal for Ontario in 1995. He served as Director of the Criminal Lawyers' Association from 1987 to 1991 and was actively involved in the Association's educational programs for many years. He wrote many articles and papers mostly related to criminal law, evidence and the Canadian Charter of Rights and Freedoms.
Marie Henein, LL.B., LL.M., of Henein Hutchison, LLP, practises in the areas of criminal law and administrative law at both the trial and appellate levels. One of the leading criminal lawyers, she is certified by the Law Society of Upper Canada as a specialist in criminal litigation and was the co-director of the Osgoode Hall Law School part time LL.M. program. Ms. Henein is the past President of the Advocates' Society and has lectured extensively in the area of criminal law.