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.