Print: KF 9219 .C3 M35 2017

A selection of important statutes and regulations related to the practice of criminal law.

Annual editions from 1919 available in print for in-library use only.

Tremeear’s features thousands of Supreme Court of Canada and provincial appellate Court decisions; cross-references the appropriate specimen jury instructions (Watt’s Manual of Criminal Jury Instructions); and includes Offence Tables that allow you to classify an offence, determine maximum and minimum sentences and the range of sentencing options and orders, forms of charges, and table of concordance

Print: KF 9215 .G54 (Reserve) – updating looseleaf, current to 2014

Offers step-by-step guidance to more than 60 evidentiary, procedural and practice topics that arise in criminal law practice.

Contents:
Volume One. Accident Reconstruction–Adjournments–Admissibility of Evidence–Amendments–Appeal from Indictable Offence–Appeal from Summary Conviction Offence–Appeal from Summary Conviction Offence: To Superior Court of the Province–Arraignment and Plea–Arrest and Detention–Bail on a Murder Charge–Bail Procedure (Judicial Interim Release)–Bail Reviews–Ballistics Evidence–Bloodstain Pattern Evidence–Change of Plea–Character Evidence
Volume Two. Children’s Evidence–Committal for Trial, After Preliminary Inquiry–Conditional Sentence Breach–Confessions–Cross-Examination of an Adverse Witness–Cross-Examination of Own Witness on Prior Inconsistent Statement–Cross-Examination as to Previous Recorded Statements–Cross-Examination and Rebuttal on a Prior Inconsistent Statement–Dangerous Offender and Long-Term Offender Procedure–Direct Indictments–DNA Analysis–Dogmaster (and Police Service Dog) Procedure–Election Procedure–Estreatment Procedure–Exclusion, Absconding or Absence of Accused from Court Room–Exclusion of Public from Court Room–Exclusion of Witnesses from Court Room–Exhibit Detention After Seizure–Expert Opinion Evidence–Fingerprint Evidence from Crime Scene–Fingerprints Proving Previous Criminal Record–Fire Cause Determination–Firearms: Application to Prohibit Possession–Hair and Fibre Analysis Evidence–Handwriting Comparison Procedure–Hearsay Evidence–Information: Laying of–Information: Sufficiency of–Issuing Process
Volume Three. Jury Trials and General Procedure–Line-up Evidence–Mental Disorder–Notice of Greater Punishment–Pathologist Evidence–Peace Bonds–Polygraph (Lie Detector) Procedure–Pre-Court Release Procedure–Preliminary Inquiry Procedure–Proof of Previous Confictions–Psychiatric Assessment and Fitness Hearing Procedure–“Reading In” Evidence–Re-Election Procedure–Refreshing Own Witness’s Memory–Revoking Probation Order and Resentencing Procedure–Restitution–Sentencing: Procedural Aspects of–Serology: Expert Evidence–Severance–Similar Fact Evidence–Stay of Proceedings and Withdrawal of Information–Tape-Recorded Evidence Procedure–Transfer of Young Offender to Adult Court–Undercover Agents Procedure–Wiretap Evidence

Print: KF 9215 .G5 1986 (Reserve) – updating looseleaf, current to 2016

Provides statutes, wording of charge, proof of substantive offence, summaries, sentencing considerations, statutory development and forms for criminal offences.

Contents:
Volume One. Abduction–Accessory After the Fact–Arson–Assault and Unlawfully Causing Bodily Harm–Assaulting a Peace Officer–Attempted Murder–Breach of Bail, Probation and Other Court Orders–Breaking and Entering–Concealed Weapon–Conspiracy–Contempt of Court–Criminal Negligence–Counselling the Commission of an Offence–Dangerous Operation of a Motor Vehicle–Discharging a Firearm Recklessly or with Intent to Wound or Endanger Life, or Prevent Arrest or Detention–Disturbance
Volume Two. Driving While Prohibited–Escape–Failure to Appear–Failure to Stop at Scene of Accident–False Pretences–Forgery and Uttering–Fraud–Harassment and Harassing Telephone Calls–Impaired, Over .08 and Refusal–Incest–Indecent Act and Exposure–Infanticide–Kidnapping, Unlawful Confinement and Hostage Taking–Mischief–Murder and Manslaughter–Obscenity and Child Pornography–Obstructing Justice–Obstruction–Party Liability–Perjury–Pointing a Firearm
Volume Three. Possession–Possession of a Firearm (Unauthorized)–Possession of a Prohibited or Restricted Firearm with Ammunition–Possession of a Weapon for a Purpose Dangerous to the Public Peace–Public Mischief–Robbery–Sexual Abuse of Children–Sexual Assault–Sexual Services–Theft–Threatening–Unlawful Assembly–Using a Firearm or Imitation in the Commission of an Offence

–Limits of tePrint: KF 9219 .M3 2015 (Reserve)

Detailed and critical examination of the criminal law of Canada, from the governing principles of criminal law, to a clear and comprehensive analysis of important offences in the Criminal Code and the Controlled Drugs and Substances Act as well as defences.

Practitioners will learn how to:

• Identify the scope and weaknesses of Criminal Code offences; effective and persuasive arguments
• Understand the Canadian criminal law within the context of its constitutional framework along with its common law heritage, and
• Recognize the relationships between offences and defences

Contents:
Part I: Constitutional Considerations–The Purpose, Sources and Limits of the Criminal Law–Limits of the Criminal Law: The Charter of Rights and Freedoms
Part II: General Principles of Liability–The Physical Element–The Mental Element–Strict and Absolute Liability Offences–Personal Liability and Parties–Unfulfilled Offences
Part III: General Principles of Defence–Defences: General Observations–Mistake–Intoxication: Alcohol or Drugs–Mental Disorder–Automatism–Defences of General Application–Self-Defence, Defence of Property and Force Authorized by Law
Part IV: Specific Offences–Offences Against the State–Offences Against the Administration of Law and Justice–Offences Against Public Order–Firearms and Weapons Offences–Homicide–Offences Against the Person–Sexual Offences–Theft and Related Offences–Fraud, Forgery and Other Offences Relating to Trade and Commerce–Wilful Damage–Motor Vehicle Offences–Currency Offences–Drug Offences

Print: KF 9220.ZA2 R59 2022 (NCA)
Online: vLex (Members Portal)

The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply, and Parliament’s reply in Bill C-28. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties. The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court’s first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court’s striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility.

Contents: Overview–The Criminal Law and the Constitution–The Prohibited Act, or Actus Reus–Unfulfilled Crimes and Participation in Crimes–The Fault Element, or Mens Rea–Regulatory Offences and Corporate Crime–Intoxication–Mental Disorder and Automatism–Self-Defence, Necessity, and Duress–The Special Part: Homicide, Sexual, Property, and Terrorism Offences–Sentencing–Conclusion: Trends in Criminal Law

Please note the print edition is available for circulation by NCA candidates only.

Online: The Law Society of Manitoba

Criminal Law Procedure is set out in the Criminal Code but there are Manitoba-specific practices as well. These materials cover the practical basics from arrest to appeals and will be useful to both Crown and defence.

Contents: Chapter 1. An Overview of Criminal Procedure–Chapter 2. Arrest, Release and Pre-Trial Matters–Chapter 3. Trial, Sentence and Appeal

Online: Criminal Law (Practice Fundamentals)

Criminal Law Procedure is set out in the Criminal Code but there are Manitoba-specific practices as well. These materials cover the practical basics from arrest to appeals and will be useful to both Crown and defence.

Contents: Chapter 1. An Overview of Criminal Procedure–Chapter 2. Arrest, Release and Pre-Trial Matters–Chapter 3. Trial, Sentence and Appeal

Print: KF 9620 .ZA2 C69 2020 (NCA)
Online: vLex (Members Portal)

Criminal Procedure sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code.

Contents: Introduction–Sources of Criminal Procedure–Elements of Criminal Procedure–Search and Seizure–Other Investigative Powers–Compelling Appearance and Judicial Interim Release–Arrest–Disclosure and Production–Preliminary Inquiry–Preliminary Matters and Remedies–The Trial Process–Appeals

Print: KF 9619 .S44 (Reserve) – updating looseleaf, current to 2016

Contents: Principles–Exceptions to disclosure–The Crown, Defence Counsel, Police–Remedies for Breach–Production of Confidential Third Party Records–Use of Confidential Third Party Records at Trial–Appeals from Orders of Production of Confidential Third Party Records

Print: KF 9620 .ZA2 G47 (Reserve) – updating looseleaf, current to 2016

Contents: Money Laundering, International Initiatives, Typologies–Proceeds of Crime and Confiscation–Canada’s Proceeds of Crime Legislation–Investigation and Forfeiture: Definitions–Possession of the Proceeds of Crime–Laundering the Proceeds of Crime, Sentencing–Special Search Warrants, Vehicle Searches–Restraint Orders, Production Orders–Forfeiture After Conviction–Forfeiture Without Conviction–Net Worth Interference and Tracing–Review of Warrants and Orders–Pre- and Post-Forfeiture Remedies–Disclosure of Information–Appeal and Suspension of Orders–Money Laundering Legislation–Management and Disposal Legislation–International Cooperation, International Corruption–Lawyers, Police and Prosecutors–Civil Forfeiture–Recounting of Crime, Safer Communities–Terrorist Financing–Offence-Related Property–Section 490 – Forfeiture–Tax Consequences

Print: KF 9632. T86 2026 (Reserve)

Provides comprehensive coverage of the Criminal Code bail provisions and the substantial body of case law interpreting those provisions with respect to police bail, bail hearings, bail review and forfeiture proceedings.

Contents: The Law of Bail in Context–Police Bail–Just Cause for Detention–Jurisdiction, Forum and the Commencement of Proceedings–The Bail Hearing: Procedure and Evidence–Release Orders and Conditions–Sureties–Bail Reviews–Bail and Sentencing–Bail Pending Appeal–Misconduct While on Bail–Bail Related Criminal Offences–Forfeiture Proceedings–Extradition Bail

Print: KF 9682 .A6 F47 2005 (Reserve) – updating looseleaf, current to 2023

CRIMJI puts all of the legal research that goes into preparing a jury instruction to work for you. Guided by a cross-Canada editorial board, this authoritative resource provides you with over 150 model instructions on trial procedures, evidence, and major offences and defences. Each instruction gives you an outline of key components of the instruction, discusses relevant case law, and highlights alternatives and notes of caution.

With CRIMJI, you will be able to:

• save time drafting criminal jury instructions
• confidently suggest amendments or additions to a jury instruction
• understand the evidentiary foundation of a particular crime or defence
• explain evidence and law relevant to your case in plain language understandable to a jury

Print: KF 9682 .A6 W47 2015 (Reserve)

This text offers suggestions for improving juror understanding of instructions provided at all phases of criminal jury trials. It helps judges and lawyers prepare for and deliver the different kinds of jury instructions required in criminal cases, and makes extensive use of the Ontario Specimen Jury Instructions (Criminal) to illustrate what is proposed. The text provides strategic guidance and practical tips for lawyers and judges and alerts them to some of the pitfalls to avoid in instructing jurors.

Topics covered include:

• Increasing Juror Participation
• Educating the Jurors, Preliminary Instructions
• Mid-Trial Instructions
• Final Instructions, Putting Together the Finals
• Instructions During Deliberations

Please note that the 3rd edition (2023) may be requested for in-library use from the Court of King’s Bench. Please speak to a member of library staff for more information.

Online: vLex (Members Portal)

Sentencing: Principles and Practice, 2nd Edition serves as a concise and practical treatment of all sentencing issues in the Canadian criminal justice system, incorporating both Crown and defence perspectives. Building on general principles, this text tackles both common and unusual sentencing issues and questions, and pragmatically discusses plea negotiations, procedure and advocacy, dangerous offenders, types of sentences, Charter considerations, appellate issues, and ancillary orders, as well as post-sentencing issues.

Contents: General Principles–Resolution Discussion and Process–The Sentencing Hearing–Aggravating and Mitigating Factors–Types of Sentences–Dangerous and Long-Term Offenders–Charter Considerations–Ancillary Orders–Collateral Consequences–Sentencing Indigenous Offenders, Young Persons–Post-Sentencing Issues, Appeals Against Sentence

Print: KF 9685 .R8 2020 (Reserve)

Sentencing, 10th Edition outlines all of the significant facets of sentencing principles and procedure, and provides the reader with a comprehensive range of sentencing for various offences.

Topics covered include:

• Sentencing: general principles, finding an appropriate sentence, suspended sentence and probation, consecutive and concurrent sentences, conditional sentencing, Indigenous sentences, sentencing under the Youth Criminal Justice Act, ranges, statistics
• Procedure and appeals: aggravating and mitigating circumstances, matters not taken into consideration
• Mandatory Minimum Penalties and the Charter
• Criminal Record
• Discharge
• Corporate Crime
• Imprisonment and Parole
• Dangerous and Long-Term Offenders
• The Victim of Crime
• Orders, Costs

Print: KF 9685 .S45 (Reserve) – updating looseleaf, current to 2016

Contents: Sentencing Principles–Evidence on Sentencing–Terrorism and Weapons Offences–Offences Against the Administration of Law and Justice–Sexual Offences, Public Morals and Disorderly Conduct–Invasion of Privacy–Disorderly Houses, Gaming and Betting–Offences Against the Person and Reputation–Offences Against Rights of Property–Fraudulent Transactions Relating to Contracts and Trade–Wilful and Forbidden Acts in Respect of Certain Property–Part XXIII of the Criminal Code – Sentencing–Dangerous Offenders and Long-Term Offenders–Conditional Sentencing of Imprisonment

Print: KF 9058 .K37 2015 (Reserve)

This book explains the importance of the law surrounding summary conviction appeals by giving a summary of the law surrounding summary conviction appeals, using a wide variety of legal issues that often arise in summary conviction appeals as well as issues that may be the basis for launching a summary conviction appeal; and offering guidance to counsel, outlining the rules and procedures that govern summary conviction appeals as well as issues that may arise while awaiting the summary appeal.

Contents:
Part I: Summary Appeals. The Statutory Framework of Summary Criminal Appeals–Basis for Appealing an Acquittal–The Powers of a Summary Appeal Court on Appeals from an Acquittal–The Three Bases for Appealing a Sentence
Part II: Issues Commonly Arising on Summary Appeals. Issues Commonly Arising on Summary Appeals
Part III: Supplementary and Post-Appeal Issues. Essential Time Lines, Rules, Tests and Consent Orders under the Criminal Proceedings Rules for the Superior Court of Justice–Bail Pending Appeal–Section 648 Applications–The Test for Waiving Compliance with the Rules and Seeking Leave to Amend the Notice of Appeal After the Appellant has Filed the Factum–Guidance on Summary Appeal Advocacy by the Honorable Justice Ratushny–Does the Recognizance or Detention Order Before a Verdict or Sentence Continue to Apply During the Appeal State? Does It Apply Post-Appeal if a New Trial Is Ordered?–What Next After a Summary Appeal?

Online: vLex (Members Portal)

Criminal Appeals, 2nd Edition is an essential guide to the strategic and procedural process of criminal appeals at all levels of court in Canada. The handbook combines statutory framework with practical resources and advocacy advice. Chapters explore the types of criminal appeals, the procedural steps involved, written and oral argument, and the fresh evidence rule. Practical advice on appeals procedure, concrete guidance on drafting appeal factums, oral argument strategies, and model appeal factums and motions of appeal are also included in order to effectively guide readers through an appeal from start to finish. 

Print: KF 9763 .A6 B37 (Reserve) – updating looseleaf, current to 2016

Balancing Charter Interests examines the rights of victims and other third parties within the criminal justice system, including the rights of media, interest groups and the families of victims.

Contents:

• Rights of Victims and Third Parties in Context
• Pre-Trial Issues, including initial stages, private prosecutions, bail hearings, peace bonds, and publication bans
• Trial Proceedings – Testimonial Aids, Procedural Issues and Evidentiary Issues
• Sentencing Issues, including victim impact considerations, sentencing circles, compensation and restitution, and forfeiture
• Other Hearings, including Parole Board, Review Board, and Compensation Board hearings, and inquests
• Victims’ Bills of Rights (by jurisdiction)

Print: KF 9660 .W37 2018 (Reserve)
Online: WestLaw

Watt’s Manual of Criminal Evidence is a handbook that covers the Canadian statutory and common law rules of evidence, including author commentary and case law annotations.

Contents: Basic Concepts–The Examination of Witnesses–Disclosure–Hearsay–Opinion–Character–Evidence of Similar Acts and Extrinsic Misconduct–Admissions and Confessions–Charter Rights and Charter Exclusion–Related Criminal Code Sections–Related Canada Evidence Act Sections–Other Related Statutes (Controlled Drug and Substances Act, Youth Criminal Justice Act)

Print: KF 9660 .M63 2022 (Reserve)
Online: vLex (Members Portal)

Modern Criminal Evidence is a practical and comprehensive guide to criminal evidence law in Canada. The authors’ practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives. The book is national in scope and provides insight into a diverse range of topics: judicial fact-finding, pre-trial considerations, expert evidence, circumstantial evidence, hearsay, character evidence, digital evidence, examination of witnesses, and the intersection of proceedings.

Contents: Introduction: Basic Concepts in the Law of Evidence–From Evidence to Verdict: Confessions of a Judicial Fact-Finder–Judicial Notice–Opinion Evidence–Circumstantial Evidence–Hearsay–Character Evidence–Examination of Witnesses–Specific Types of Witnesses–Confessions and Self-Incrimination–Privilege–Digital Evidence–Documentary Evidence–Identification Evidence–Intersection of Proceedings

Print: KF 8935 .L43 2022 (Reserve)

This volume will assist the practitioner in:

• understanding and dealing with issues such as illegally obtained evidence, confessions and corroboration
• Identifying when witnesses will be competent and compellable to testify
• Conducting examinations and cross-examinations within the appropriate scope
• Gauging whether the burden and standard of proof have been met
• Recognizing the existence and extent of privilege
• Understanding the Supreme Court of Canada’s continuing development and extension of the “Principled Approach” into virtually every facet of the law of evidence
• Gaining insight into the admissibility of evidence in many different areas, including character evidence, hearsay evidence, similar fact evidence, opinion evidence and documentary evidence

Contents: Foundational Principles of Evidence and the Importance of Evidentiary Rulings in Context–Types of Evidence and Conditions for the Receipt of Evidence–Evidential Burden and Burden of Proof–Presumptions–Standards of Proof–Hearsay–Self-Serving Evidence–Confessions–Illegally Obtained Evidence–Character Evidence–Similar Fact Evidence–Opinion Evidence–Competence and Compellability of Witnesses–Privilege–Public Interest Immunity–The Examination of Witnesses–Corroboration–Documentary Evidence–Rules Dispensing With or Facilitating Proof

Print: KF 8935 .A87 2021 (Reserve)

Proof is specifically written for non-lawyers working in the justice system and students pursuing a law-related career. It explains the rules and principles of evidence, and analyzes the interaction between statutes and case reports that determine our evidence laws. It also explains search and seizure rules, exceptions to the hearsay rule, similar fact evidence, and the admissibility of evidence obtained by warrantless searches.

This edition includes self-test questions to assist the reader in assessing their understanding and knowledge of evidence principles. New to the fifth edition are the most recent provincial Court of Appeal and Supreme Court of Canada cases on rulings relating to the use of evidence.

Contents: The Canadian Justice System and the Most Basic Evidence Concepts–Evidence Statutes–Court Cases You’ll Need to Know–Witnesses–Opinion Evidence and Experts–Character and Similar Fact Evidence–Hearsay–Admissions, Confessions and Charter Protections Against Self-Incrimination–Search and Seizure and Section 8 of the Charter–Other Charter Rights and Remedies–Gathering and Organizing Evidence–Some Parting Tips for Investigators, Advocates and Witnesses

Print: KF 9660 .C43 2022 (Reserve)
Online: vLex (Members Portal)

Digital Evidence is designed to equip criminal practitioners with a solid understanding of the procedural, tactical, and strategic elements of gathering, admitting, and presenting digital evidence. It addresses privacy rights, private communications, search and seizure of digital data, disclosure of digital evidence, authentication and admissibility of digital evidence, digital presentations, and more. This handbook also discusses the practical constraints that affect Crown and defence counsel, including delay, cost, undertakings, and disclosure with an in-custody accused. 

Contents:
Part I. Search and Seizure–Reasonable Expectation of Privacy in Digital Data–Search of Devices–Accessing Digital Data–Private Communications
Part II. Disclosure–Disclosure of Digital Data–Disclosure in Internet Child Exploitation Cases–Practical Constraints on Crown and Defence
Part III. Use of Evidence–Admissibility–Probative Value–Courtroom Presentation

Print: KF 9630 .H37 2021 (Reserve)
Online: vLex (Members Portal)

Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.

This all-in-one comprehensive guide analyzes every perspective, including those of the rights-holder, the police officer conducting a search or seizure, prosecutors and defence counsel, and judges reviewing police conduct after the fact.

Contents: An Overview of Search and Seizure Law and Basic Principles–The Reasonable Expectation of Privacy–The Warrant Application Process–Section 487 Search Warrants–Production Orders and Preservation Demands and Orders–General Warrants–Special Criminal Code and Other Federal Statutory Search Powers–Regulatory Searches and Seizures–Ancillary Orders–Computer Searches–Warrantless Searches and Seizures–Manner of Execution–Special Locations: Law Office and Media Searches–Wiretaps–Post-Seizure Reporting and Detention and Return of Seized Property–Garofoli Review–Exclusion of Evidence Under Section 24(2) of the Charter

Print: KF 9630 .H87 (Reserve) – updating looseleaf, current to 2016

Provides comprehensive coverage of search and seizure law. Examines the effect of the Charter protection against unreasonable search and seizure, as well as various types of searches and the execution of search warrants, solicitor-client privilege, the disposition of seized property, and Charter remedies.

Contents: 
Part One. Introduction–Defining “Search”: The Scope of Section 8–Defining “Seizure”
Part Two. Specific Searches–Searches Incident to Arrest–Electronic Surveillance–Administrative and Regulatory Searches–Motor Vehicle Searches–Consent Searches–Firearms and Weapons–Military Searches–Searches of Special Locations: Lawyers’ Offices, Media Organizations and Other Places–Search, Seizure and Other Constitutional Rights–Extra-Territorial and Transnational Searches–Mail Searches–Income Tax–Civil Discovery
Part Three. Warrants: Form and Substance–Criminal Search Warrants–Execution of Search Warrants
Part Four. Remedies–Disposition of Seized Property–Constitutional Remedies
Caselaw Digests

Print: KF 9630 .F6 2016 (Reserve)
Online: 13th Ed. available on Lexis+ (Staff)

Contents (11th ed.):
Part I. The Search and Seizure Process–An Overview of Search and Seizure Law–Search Warrants–Requirements Common to Both Search Warrants and the Supporting Information–Search Warrant Information–Duties of the Issuing Judge or Justice–The Execution of Search Warrants–Disposition of Seized Goods–Duties of the Peace Officer in the Search and Seizure Process–Reviewing a Search and Seizure Process
Part II. Specific and Non-Standard Powers of Search and Seizure–Special Criminal Code and Other Search Powers–Technical and Electronic Surveillance–Controlled Substances Legislation–Seizure of Bodily Samples–Bawdy-Houses; Obscene Publications; Gaming Houses–Powers of Search Under Certain Federal Statutes–Search Powers Under Provincial Statutes–Computer and Digital Data Searches
Part III. Warrantless Searches–Warrantless Searches of Premises–Warrantless Personal and Vehicle Searches
Part IV. Charter Issues and Exclusion of Evidence–Search and Seizure Under the Charter of Rights and Freedoms, Section 8 and Section 24–Exclusion of Evidence–Police Conduct in Section 24 Applications and Sub-Criteria–Nature of the Evidence on a Section 24(2) Application and Various Sub-Criteria–Effect of Other Charter or Statutory Breaches Combined with Section 8 Breach

Print: KF 8935 .ZA2 K37 2019 (Reserve)

The only criminal law book that deals exclusively with S.24(2), taking an in-depth look at recent jurisprudence and relevant case law, and giving practical guidelines as to how the law should be applied.

24(2) discusses the important case law, and applies the law in a practical and easy to understand manner. It also includes a handy reference chart of selected cases detailing, at a glance, reasons for admission and exclusion of evidence under S.24(2), and it contains useful appendices, including a checklist of questions for practitioners to consider in making a S.24(2) inquiry.

Print: KF 9780 .ZA2 2014 (Reserve)
Online: vLex (Members Portal)

Contents: Responding to Youth Crime in Canada–Principles for Responding to Young Offenders–Jurisdiction of the Youth Justice Court–Arrest, Search, and Questioning by Police, and Pretrial Detention–Diversion, Extrajudicial Measures, and Conferences–Lawyers in the Youth Justice Process–The Youth Justice Court Process–Sentencing Under the Youth Criminal Justice Act–Adult Sentencing for Youths–Canadian Youth Justice in Context

Print: KF 9780 .Y68 (Reserve) – updating looseleaf, current to 2016

Contents: An Overview of the Youth Criminal Justice Act–Interpretation–Extrajudicial Measures–Youth Criminal Justice System–Judicial Measures–Sentencing–Custody & Supervision–Publication, Records & Information–General & Other Provisions

Online: vLex (Members Portal)

Prosecuting and Defending Youth Criminal Justice Cases provides practical commentary and analysis alongside updated policy, case law, and legislation in order to guide readers through a youth criminal justice case from beginning to end. The third edition’s chapters on bail, youth records and privacy, sentencing, and youth trials have been updated to include new information on the treatment of youth in the welfare system, adult sentencing applications, court remedies surrounding privacy violations, unreasonable delay in court proceedings, the admissibility of youth statements, and more.

Print: KF 2231 .K46 2018 (Reserve)
Online: 7th Ed. available on Lexis+ (Staff)

An overview of the law regarding impaired driving in Canada and its impacts on arrest, trial, and sentencing. The 5th edition considers the changes in legislation introduced with Bill C-46 (not yet enacted at the time of writing).

The 7th edition distills and summarizes the over 4000 reported trial and appellate decisions from every province that have interpreted the new provisions (Part VIII.1 changes introduced in 2018) over the past four years. There are many new sections in the book and dated sections have been revised or deleted. There’s been a special effort to include more cases from Québec given that many recent developments have originated in that province.

Contents (5th ed.): Overview–Impaired Operation or Control–Over BAC/BDC–Defences–Sentencing–Bill C-46 Quick Guide

Print: KF 2231 .K463 2019 (Reserve)
Online: 5th edition available on Lexis+ (Staff)

An invaluable resource for defence counsel, Crown counsel and judges dealing with the ongoing challenge that impaired driving cases and the Charter present.

Contents (4th ed.): Introduction and Overview–Investigation and Detention–Investigation and Testing at the Station/Hospital–Right to Counsel–Disclosure–Charter Issues at Trial–Charter Procedure and Remedies–Charter Challenges to the C-46 Amendments

Print: KF 2231 .G65 2018

This practical guidebook provides practical advice on all steps in handling an impaired driving case. It includes:

• How to handle a phone call from the police station
• Factual issues to note
• Novel defences
• The relevant law
• Sentencing.

Topics addressed include:

• The validity of the approved screening device test
• Proof of impairment
• Admissibility of blood and breathalyzer tests results
• Charter defences
• “Care and control.”

The technical aspects of demands, breathalyzer reports, certificates, blood alcohol content reports, and alcohol influence reports are also covered.

Contents: The Initial Telephone Call–The Initial Interview–Preparation–Approved Screening Device or Physical Coordination Tests–Breathalyzer Tests–Drug Evaluations–Blood Tests–Proof of Impairment–Proof of Excessive Blood Alcohol Level: “Over 80”–Proof: Operation (Driving)–Proof: Care or Control–Causing Bodily Harm or Death–Proof: Motor Vehicle, etc.–The Defence–Sentencing

Print: KF 2231 .P43 2011 (Reserve) – updating looseleaf, current to 2014

This supplemented text is a practical reference guide. Its primary focus is on the issue of the admissibility of the breathalyzer certificate of analysis. This practical guide is designed to be used at trial, to prepare for trial or to advise clients. The organization of chapters follows the natural progression of a typical impaired driving investigation.

Each chapter contains a checklist covering the main points contained with the text of the chapter, plus detailed examples of hypothetical scenarios to illustrate the application of the points of law as well as leading case law from the Supreme Court of Canada, Courts of Appeal and trial courts.

The appendices include a historical concordance of relevant Criminal Code provisions, plus helpful checklists and precedents.

Contents: Introduction–C.R.F. S. 9: Stopping the Accused–C.R.F. S. 10(a): Informed of Reasons for Detention–Screening Demands–Reasonable and Probable Grounds–As Soon As Practicable and “Hard” Time Requirements–C.R.F. S. 10(b): Right to Counsel–Evidence to the Contrary–Remedy

– Print: KF 2231 .A6 M3 – updating looseleaf, current to 2016

This book is intended as a guide and as a collection and organization of the case law for members of the Bar and others involved in the administration of justice. It is meant to cover the whole field of drinking and driving offences. (from the Preface)

The text is organized according to appropriate sections of the Criminal Code of Canada, offering pertinent definitions and judicial decisions related to the use of breathalyzers in the prosecution of criminal driving offences.

Contents:
Part I. Section 253–The Offence of Impaired Operation (Driving) or Care or Control–The Offence of Operation (Driving) or Care or Control with More than 80 mg. of Alcohol in 100 ml of Blood
Part II. Section 254(2), (3)–Screening Demand–Failing or Refusing to Comply with a Screening Demand–The Demand for Breath Samples and the Demand for Blood Samples
Part III. Sections 254(5), 256–The Offence of Failing or Refusing to Comply with a Demand for Breath Samples or Blood Samples–Evaluation for Drugs and Refusal to be Evaluated–The Offence of Failing or Refusing to Comply with Evaluation Demand–Warrants to Obtain Blood Samples and Applications for Release of Sample for Analysis
Part IV. Section 258 and Definitions–The Presumption of Care or Control–The Admissibility of Samples of Bodily Substances–The Presumption of Alcoholic Content at the Time of the Alleged Offence – Breath–The Presumption of Alcoholic Content at the Time of the Alleged Offence – Blood–The Admissibility of a Certificate of Analysis of a Bodily Substance–The Admissibility of a Certificate of an Analyst with Respect to the Suitability of an Alcohol Standard Used in an Approved Instrument–The Admissibility of a Certificate of a Qualified Breath Technician–The Admissibility of a Certificate of a Qualified Medical Practitioner and/or a Qualified Blood Technician–The Admissibility of a Certificate of an Analyst of Blood
Part V. Definitions–Definitions and Regulations–Inference from Failure to Provide a Sample–Cross-Examination of a Qualified Medical Practitioner, Analyst, or Qualified Technician–Notice of Production of Certificate Evidence
Part VI. Penalties–Penalties and Sentencing–Unauthorized Use of Bodily Substances
Essays–The Breathalyzer – How it Works–Approved Screening Devices–Breath Alcohol Testing–Blood Alcohol Testing–The Pharmacokinetics of Alcohol and Its Application to the Drinking Driver–The Pharmacodynamics of Alcohol and Its Effect on Driving Ability–Approved Instruments
Checklists–Impaired Operation (Driving) or “Over 80” – s. 253(1)–Refuse or Fail to Provide Breath Sample – s. 253(1)–Blood Demand–Care or Control

Print: KF 3890 .A6 S46 2006 (Reserve) – updating looseleaf, current to 2016

Provides an overview of sentencing drug offenders. Includes the hearing, aggravating and mitigating factors, powers of the court, youth criminal justice act as well as specific chapters on Heroin and other opioids, Cocaine, and Cannabis, with case law and sentencing quantums.

Contents: Introduction to Sentencing Under the Controlled Drugs and Substances Act–Heroin and Other Opioids–Cocaine–Cannabis–Other Drugs and Controlled Substances–Sentencing Charts

Print: KF 3890 .M3 (Reserve) – updating looseleaf, current to 2016

An examination of issues that may arise around a drug-related criminal case, rather than an in-depth treatise on drug law. It is meant to be a practical handbook for practitioners.

Contents:
Part I. Historical and Constitutional Issues–A Short History of Drug Use and Abuse–The Evolution of Canada’s Drug Legislation–Constitutional and Procedural Issues
Part II. The Core Offences–Possession–Trafficking–Possession for the Purpose of Trafficking–Production–Importing/Exporting–Conspiracy–Double Doctoring–Drug-Impaired Driving–Drug Paraphernalia and Literature
Part III. Criminal Organizations and Property Forfeiture–Criminal Organization Offences–Proceeds of Crime/Money Laundering–Offence-Related Property–Provincial Legislation to Counter Criminal Organizations
Part IV. Evidentiary Issues–Evidentiary Issues in Drug Cases–The Certificate of Analysis–Requiring Attendance of the Analyst for Cross-examination–Cross-examination of an Analyst–Continuity and Identification of the Drug Exhibit–Release of Exhibit for Independent Scientific Examination–Police Informer Privilege–Search and Seizure–Wiretaps
Part V. Defences–Entrapment–Reverse Stings–Agent for the Purchaser–Mistake of Fact–De Minimis Non Curat Lex–Attacking the Indictment–Drug Variants and Analogues
Part VI. Sentencing–Sentencing Under the CDSA–General Sentencing Principles
Part VII. Lawful Access to Drugs–Ministerial Exemptions–Medical Marijuana

Print: KF 9325. W58 2020 (Reserve)
Online: vLex (Members Portal)

This volume is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases. These elements include publication bans, search issues, children’s evidence, expert evidence, cross-examination on private records, sentencing, and more. The third edition contains a new chapter on sexual offence appeals, addressing commonly raised issues and landmark cases from the Supreme Court of Canada, such as R v JJ. Additionally, this guide includes new discussion of Bill S-12 and reflects recent changes in Bill C-75 pertaining to preliminary hearings and in Bill C-51 pertaining to third party records, sexual history, and consent.

Print: KF 3941 .Z9 A56 2021 (Reserve)

This resource features commentary on the Firearms Act and related sections of the Criminal Code, National Defence Act and Youth Criminal Justice Act and their respective regulations. It also includes charts and diagrams depicting various firearms and types of ammunition, and a glossary of firearms terminology.

Contents: Firearms Act–Orders and Regulations Pursuant to the Firearms Act–Related Provisions of the Criminal Code–Other Relevant Provisions of the Criminal Code–Orders and Regulations Pursuant to Part III of the Criminal Code–Related Provisions of the National Defence Act–Related Provisions of the Youth Criminal Justice Act–Firearms Act (Fulltext in English)