Product Details
978-0-7798-8630-2
Book
Approximately 420 pages
1 volume bound
softcover
2018-06-29
Carswell

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The Trial of Sexual Offence Cases, Second Edition
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$125.00
Description

The Trial of Sexual Offence Cases, Second Edition is a guide for Crown counsel, defence counsel, and judges in cases of sexual assault or any of the related sexual offences.

The Trial of Sexual Offence Cases, Second Edition is a basic guide to the relevant issues and authorities of which Crown counsel, defence counsel, and judges should be aware in cases of individuals charged with sexual assault or any of the related sexual offences. This manual is intended to be a starting point and quick reference source. The authors draw upon their extensive experience to provide step-by-step guidance for both Crown and defence, from the initial client interview to the completion of the proceedings in the criminal justice system, including sentencing. Among the topics addressed are the factors to consider, and procedures involved, in making a Seaboyer application, the topic of child witnesses, expert witnesses, third-party record applications, and publication bans. For ease of reference, the relevant statutory provisions, including those no longer in force that may apply in cases of delayed complaints, are set out in the Appendices. Also included in the Appendices are excerpts from Watt's Manual of Criminal Jury Instructions, Second Edition.

New in this edition

New and updated contents in this edition include:

  • A new chapter on human trafficking
  • Updates throughout the publication to reflect jurisprudential developments such as:
    • New Supreme Court of Canada and provincial appellate level authorities clarifying the scope of consent, vitiation of consent including due to fraud (non-disclosure of HIV status) or bodily harm or incapacity, and the requisite elements to the mistaken belief in age defence
    • Recent provincial appellate level authorities regarding the application and scope of s. 276 of Criminal Code, including additional and recent examples of admissible and inadmissible evidence
    • Decisions regarding the importance of avoiding the stereotypes and myths in assessing of evidence during sexual assault trials
About the Author

The Honourable Madam Justice Michelle Fuerst has been a judge of the Superior Court of Justice for Ontario since 2002. She presides primarily over criminal law cases. Prior to her appointment as a judge, she was a partner with the Toronto firm of Gold & Fuerst, exclusively practising criminal and quasi-criminal litigation. She is a co-author of The Annotated Tremeear’s Criminal Code, a former co-Chair of the Federation of Law Societies’ National Criminal Law Program, and a former part-time instructor at Osgoode Hall Law School.

 

Mona Duckett, Q.C., practices criminal defence and related administrative law in Edmonton as a partner at the firm Dawson Duckett Garcia & Johnson. She has been a fellow of the American College of Trial Lawyers since 2003 and is a past president of the Criminal Trial Lawyers Association. She has taught as a Sessional Instructor at the University of Alberta in Advanced Criminal Law, Professional Responsibility and Advocacy.  She was a member of the faculty of the Federation of Law Societies’ National Criminal Law Program from 2000 to 2015. She served as President of the Law Society of Alberta in 2006.

The Honourable Judge Frank P. Hoskins has been a judge of the Nova Scotia Provincial Court since 2008, where he presides primarily over criminal law cases. Prior to his appointment in 2008, he was Chief Crown Attorney for Halifax Region and Special Prosecutions. He was appointed Queen’s Counsel in 2006. He has been an instructor at various legal education programs, including those offered by the Nova Scotia Barristers’ Society and the Canadian Bar Association. He is a former part-time faculty member at Saint Mary’s University and Dalhousie Law School. He has been a member of the faculty of the Federation of Law Societies’ National Criminal Law Program since 2001.