Topic Index: Difference between revisions

From Criminal Law Notebook
← Older editNewer edit →
VisualWikitext
No edit summary
No edit summary
Line 17: Line 17:
** [[Principles of Fundamental Justice]] · [[Cruel and Unusual Punishment]] · [[Justifiable Limitations on Rights]] · [[Offences Found to be Unconstitutional]]
** [[Principles of Fundamental Justice]] · [[Cruel and Unusual Punishment]] · [[Justifiable Limitations on Rights]] · [[Offences Found to be Unconstitutional]]
* '''[[Offences by Category|Offences]]'''
* '''[[Offences by Category|Offences]]'''
** [[Offences by Category#Terrorism_Offences|Terrorism Offences]] ([[Maintaining the List of Entities for Terrorism Offences|List of Entities]])
** [[Terrorism Offences]] ([[Maintaining the List of Entities for Terrorism Offences|List of Entities]] · [[Authorization to Provide Property or Services to Terrorist Group]])
** [[Weapons and Firearms Offences]] ([[Persons Exempted From Firearm Offences]] · [[Proving the Existence of Firearms and Related Issues]])  
** [[Weapons and Firearms Offences]] ([[Persons Exempted From Firearm Offences]] · [[Proving the Existence of Firearms and Related Issues]])  
** [[Sexual Offences]] ([[Online Sexual Offences]] · [[Distribution, Making Available, and Making Child Pornography]]) · [[Possession and Access of Child Pornography]] · [[Offences by Category#Disorderly Conduct|Disorderly Conduct]]  
** [[Sexual Offences]] ([[Online Sexual Offences]] · [[Distribution, Making Available, and Making Child Pornography]]) · [[Possession and Access of Child Pornography]] · [[Offences by Category#Disorderly Conduct|Disorderly Conduct]]  
Line 23: Line 23:
** [[Offences by Category#Administration of Justice Offences|Administration of Justice Offences]] ([[Proof of Bodily Substance in Condition Breach Prosecution]])  
** [[Offences by Category#Administration of Justice Offences|Administration of Justice Offences]] ([[Proof of Bodily Substance in Condition Breach Prosecution]])  
** [[Offences by Category#Property Offences|Property Offences]]: [[Fraud-based Offences]], [[Alternative Methods of Theft]]  
** [[Offences by Category#Property Offences|Property Offences]]: [[Fraud-based Offences]], [[Alternative Methods of Theft]]  
** [[Offences by Category#Corruption Offences|Corruption Offences]] · [[Drug Offences (Crime)|Drug Offences]] ([[Drug Trafficking]])
** [[Offences by Category#Corruption Offences|Corruption Offences]] · [[Drug Offences]] ([[Drug Trafficking]])
** [[Conveyance Offences]]: [[Screening for Drugs or Alcohol]] · [[Admission of Breath or Blood Sample]] · [[Proof of Impairment by Drugs or Alcohol]]  
** [[Conveyance Offences]]: [[Screening for Drugs or Alcohol]] · [[Admission of Breath or Blood Sample]] · [[Proof of Impairment by Drugs or Alcohol]]  
** [[Homicide Offences|Homicide]] ("[[Planned and Deliberate]]" · [[Murder by Unlawful Act or Object]])
** [[Homicide Offences|Homicide]] ("[[Planned and Deliberate]]" · [[Murder by Unlawful Act or Object]] · [[Causation of Death]])
** Misc Offences: [[Piracy and Offences Against Air and Marine Safety]] · [[Miscellaneous Administration of Justice Offences|Administration Of Justice]] · [[Miscellaneous Currency Offences|Currency]] · [[Miscellaneous Firearms Offences|Firearms]] · [[Miscellaneous Fraudulent Offences|Fraud]] · [[Miscellaneous Offences Against Property|Property]] · [[Miscellaneous Offences Against Public Order|Public Order]] · [[Miscellaneous Offences Against the Person|Person]] · [[Miscellaneous Provisions Relating to Terrorism Offences|Terrorism]] · [[Miscellaneous Sexual and Disorderly Conduct Offences|Sexual And Disorderly Conduct]]
** Misc Offences: [[Piracy and Offences Against Air and Marine Safety]] · [[Miscellaneous Administration of Justice Offences|Administration Of Justice]] · [[Miscellaneous Currency Offences|Currency]] · [[Miscellaneous Firearms Offences|Firearms]] · [[Miscellaneous Fraudulent Offences|Fraud]] · [[Miscellaneous Offences Against Property|Property]] · [[Miscellaneous Offences Against Public Order|Public Order]] · [[Miscellaneous Offences Against the Person|Person]] · [[Miscellaneous Provisions Relating to Terrorism Offences|Terrorism]] · [[Miscellaneous Sexual and Disorderly Conduct Offences|Sexual And Disorderly Conduct]]
** [[Repealed Offences]] · [[Miscellaneous Repealed Offences|Miscellaneous]]
** [[Repealed Offences]] · [[Miscellaneous Repealed Offences|Miscellaneous]]
Line 34: Line 34:
** [[Employer Liability Offences]] · [[Legal Profession Offences]] · [[Liability of Organizations]] · [[Due Diligence]] · [[Regulatory Motor Vehicle Offences]]
** [[Employer Liability Offences]] · [[Legal Profession Offences]] · [[Liability of Organizations]] · [[Due Diligence]] · [[Regulatory Motor Vehicle Offences]]
* '''[[Defences]]'''
* '''[[Defences]]'''
** [[Intoxication]] ([[Limitations on Intoxication Defences]]) · [[Automatism]] · [[Provocation]] · [[Necessity]] · [[Duress]] ·  [[Entrapment]] ·  [[Reasonable Excuse]] ·  [[Self-Defence and Defence of Another|Self-Defence and Defence of Another]] ([[Self-Defence and Defence of Another (Pre-Amendments 2013)|Pre-2013]]) ·  [[Defence of Property]] ([[Defence of Property (Pre-2013 Amendments)|Pre-2013]]) · [[Officially Induced Error]] · [[Acting in Authority]] · [[Corrective Force]] · [[Accident and Mistake]] ([[Mistaken Belief of Age]]) ·  [[Alibi]] ·  [[De Minimus Non Curat Lex|De Minimus]] ·  [[Due Diligence]] · [[Consent]] ([[Consent in Sexual Offences]] · [[Age of Consent in Sexual Offences]] · [[Honest But Mistaken Belief in Communicated Consent]]) ·  [[Abandonment (Defence)|Abandonment]] ·  [[Innocent Possession]]  · [[Colour of Right]]  
** [[Intoxication]] ([[Limitations on Intoxication Defences]]) · [[Automatism]] · [[Provocation]] · [[Defence of Necessity]] · [[Duress]] ·  [[Entrapment]] ·  [[Reasonable Excuse]] ·  [[Self-Defence and Defence of Another|Self-Defence and Defence of Another]] ([[Self-Defence and Defence of Another (Pre-Amendments 2013)|Pre-2013]]) ·  [[Defence of Property]] ([[Defence of Property (Pre-2013 Amendments)|Pre-2013]]) · [[Officially Induced Error]] · [[Acting in Authority]] · [[Corrective Force]] · [[Accident and Mistake]] ([[Mistaken Belief of Age]]) ·  [[Alibi]] ·  [[De Minimus Non Curat Lex|De Minimus]] ·  [[Due Diligence]] · [[Consent]] ([[Consent in Sexual Offences]] · [[Age of Consent in Sexual Offences]] · [[Honest But Mistaken Belief in Communicated Consent]]) ·  [[Abandonment (Defence)|Abandonment]] ·  [[Innocent Possession]]  · [[Colour of Right]]  
** Offence-specific Defences: [[Defamatory Libel Defences]] · [[Child Pornography Defences]] ([[Child Pornography Private Use Defence]])
** Offence-specific Defences: [[Defamatory Libel Defences]] · [[Child Pornography Defences]] ([[Child Pornography Private Use Defence]])


Line 69: Line 69:
** [[Collateral Fact Rule]] · [[Prior Consistent Statements]] · [[Prior Inconsistent Statements]] · [[Post-Offence Conduct]] · [[Credibility Based on Prior Criminal Record|Criminal Record]] · [[Disreputable and Unsavoury Witnesses]]
** [[Collateral Fact Rule]] · [[Prior Consistent Statements]] · [[Prior Inconsistent Statements]] · [[Post-Offence Conduct]] · [[Credibility Based on Prior Criminal Record|Criminal Record]] · [[Disreputable and Unsavoury Witnesses]]
* '''[[Character Evidence]]'''
* '''[[Character Evidence]]'''
** [[Character of Accused]] · [[Character of Non-Accused Persons]] · [[Similar Fact Evidence]] · [[Alternative Suspect Evidence]] · [[Complainant's Sexual Activity Evidence]] ([[Production of Records for Sexual Offences]] · [[Admission of Sexual Activity Evidence for Sexual Offences]]) · [[Corbett Application]]
** [[Character of Accused]] · [[Character of Non-Accused Persons]] · [[Similar Fact Evidence]] · [[Alternative Suspect Evidence]] · [[Complainant Sexual Activity Evidence and Related Evidence]] ([[Production of Records for Sexual Offences]] · [[Admission of Certain Complainant Evidence for Sexual Offences]]) · [[Corbett Application]]
* '''[[Hearsay]]'''
* '''[[Hearsay]]'''
** [[Traditional Exceptions to Hearsay|Traditional Exceptions]] ([[Statutory Hearsay Exception for Victims, Children and Disabled]] · [[Statements Against Interest Exception]] · [[Res Gestae and Dying Declarations]] · [[Past Recollection Recorded]] · [[Sworn Testimony Exception to Hearsay]] · [[Co-Conspirators Exception to Hearsay]] · [[Adoptive and Implied Admissions]])
** [[Traditional Exceptions to Hearsay|Traditional Exceptions]] ([[Statutory Hearsay Exception for Victims, Children and Disabled]] · [[Statements Against Interest Exception]] · [[Res Gestae and Dying Declarations]] · [[Past Recollection Recorded]] · [[Sworn Testimony Exception to Hearsay]] · [[Co-Conspirators Exception to Hearsay]] · [[Adoptive and Implied Admissions]])
Line 95: Line 95:


* '''Warrant Searches'''
* '''Warrant Searches'''
** [[Applying for Judicial Authorizations]] · [[Information to Obtain a Judicial Authorization|Contents of the ITO]] ([[Confidential Informers]]) · [[Search Warrant Evidence]] · [[Reasonable and Probable Grounds]] · [[Judicial Authorization Standard of Review|Standard of Review]] · [[Execution of Search Warrants|Execution of Warrants]] · [[Miscellaneous Judicial Authorization Provisions]]
** [[Judicial Authorizations]] [[Applying for Judicial Authorizations]] · [[Information to Obtain a Judicial Authorization|Contents of the ITO]] ([[Confidential Informers]]) · [[Search Warrant Evidence]] · [[Reasonable and Probable Grounds]] · [[Judicial Authorization Standard of Review|Standard of Review]] · [[Execution of Search Warrants|Execution of Warrants]] · [[Miscellaneous Judicial Authorization Provisions]]
** [[Special Search Issues|Special Search Issues]] · [[Searches Intruding on Solicitor-Client Privilege]] (see above) · [[Computer-related Search Issues]] · [[Sealing and Unsealing Judicial Authorizations]]
** [[Special Search Issues|Special Search Issues]] · [[Searches Intruding on Solicitor-Client Privilege]] (see above) · [[Computer-related Search Issues]] · [[Sealing and Unsealing Judicial Authorizations]]
** [[Procedure for Review of a Judicial Authorization]]


* '''Types of Warrant'''
* '''Types of Warrant'''
Line 142: Line 143:
* [[Role of the Crown]] ([[Definition of Crown, Prosecutor and Attorney General]] · [[Prosecutorial Discretion]]) · [[Role of the Defence Counsel]] · [[Conflicts of Interest]]  
* [[Role of the Crown]] ([[Definition of Crown, Prosecutor and Attorney General]] · [[Prosecutorial Discretion]]) · [[Role of the Defence Counsel]] · [[Conflicts of Interest]]  
* [[Role of Law Enforcement]] ([[Authorizations to Commit Illegal Acts]])
* [[Role of Law Enforcement]] ([[Authorizations to Commit Illegal Acts]])
* [[Accused in Court|Role of the Accused]] ([[Sitting Position of the Accused at Trial]] · [[Obligation of Accused to be Present During Proceedings]]) · [[Role of the Trial Judge]] ([[Procedural Powers of a Preliminary Inquiry Judge]] · [[Judicial Immunity]] · [[Judicial Neutrality and Bias]] ([[Reasonable Apprehension of Bias]] · [[Role of Court Administration]]) · [[Functus Officio]])  
* [[Accused in Court|Role of the Accused]] ([[Sitting Position of the Accused at Trial]] · [[Obligation of Accused to be Present During Proceedings]]) · [[Role of the Trial Judge]] ([[Procedural Powers of a Preliminary Inquiry Judge]] · [[Judicial Immunity]] · [[Judicial Neutrality and Bias]] · [[Judicial Intervention During Trial]] · [[Reasonable Apprehension of Bias]] · [[Role of Court Administration]]) · [[Functus Officio]])  
* [[Role of the Victim and Third Parties]]
* [[Role of the Victim and Third Parties]]


Line 183: Line 184:
** [[Electing a Preliminary Inquiry]] · [[Statement of Issues and Witnesses Under Section 536.3]] · [[Preliminary Inquiry Evidence]] ([[Admission of Hearsay Evidence at Preliminary Inquiry]]) · [[Air of Reality Test]] · [[Procedural Powers of a Preliminary Inquiry Judge]] · [[Order of Committal to Stand Trial]]  
** [[Electing a Preliminary Inquiry]] · [[Statement of Issues and Witnesses Under Section 536.3]] · [[Preliminary Inquiry Evidence]] ([[Admission of Hearsay Evidence at Preliminary Inquiry]]) · [[Air of Reality Test]] · [[Procedural Powers of a Preliminary Inquiry Judge]] · [[Order of Committal to Stand Trial]]  
* '''[[Trial Process]]'''
* '''[[Trial Process]]'''
** [[Representation at Trial]] ([[Right to Self-Representation]] · [[Court Appointed Counsel]] · [[Amicus Curae]]) · [[Ex Parte Trial Proceedings]] · [[Opening and Closing Address]] · [[Orders to Exclude Witnesses from Court]] · [[Testimonial Evidence]] · [[Examinations]] ([[Examinations-in-Chief]], [[Cross-Examinations]], [[Re-Direct Examinations]]) · [[Rebuttal and Reply]] · [[Reopening the Case]] · [[Role of the Trial Judge]]
** [[Representation at Trial]] ([[Right to Self-Representation]] · [[Court Appointed Counsel]] · [[Amicus Curae]]) · [[Ex Parte Trial Proceedings]] · [[Opening and Closing Address]] · [[Orders to Exclude Witnesses from Court]] · [[Testimonial Evidence]] · [[Examinations]] ([[Examinations-in-Chief]], [[Cross-Examinations]] ([[Confrontation Rule]]), [[Re-Direct Examinations]]) · [[Rebuttal and Reply]] · [[Reopening the Case]] · [[Role of the Trial Judge]]
** [[Loss of Judge During Proceedings]]
** [[Loss of Judge During Proceedings]]
* '''[[Juries]]'''
* '''[[Juries]]'''
Line 226: Line 227:
** [[Sentencing of Organizations]]
** [[Sentencing of Organizations]]
* '''Principles by Offence'''
* '''Principles by Offence'''
** [[Violent and Assaultive Offences (Sentencing)|Offences of Violence]] ([[Domestic Violence Sentencing]] · [[Offences of Violence by Persons in Authority (Sentencing)|By Persons in Authority]]) · [[Sentencing for Drug Offences|Drug Offences]] · [[Sentencing for Sexual Offences|Sexual Offences]] ([[Sentencing for Child Sexual Offences|Child Sexual Offences]] · [[Child Pornography Sentencing]]) · [[Regulatory Offences (Sentencing)|Regulatory Offences]] · [[Sentencing Fraud]] · [[Weapons Offences (Sentencing)|Weapon Offences]] · [[Sentencing for Murder|Murder]] · [[Terrorism Offences (Sentencing)|Terrorism Offences]], [[Property and Fraud Offences (Sentencing)]]
** [[Violent and Assaultive Offences (Sentencing)|Offences of Violence]] ([[Domestic Violence Sentencing]] · [[Offences of Violence by Persons in Authority (Sentencing)|By Persons in Authority]] · [[Sentencing for Murder]]) · [[Sentencing for Drug Offences|Drug Offences]] · [[Sentencing for Sexual Offences|Sexual Offences]] ([[Sentencing for Child Sexual Offences|Child Sexual Offences]] · [[Child Pornography Sentencing]]) · [[Regulatory Offences (Sentencing)|Regulatory Offences]] · [[Sentencing Fraud]] · [[Weapons Offences (Sentencing)|Weapon Offences]] · [[Sentencing for Murder|Murder]] · [[Terrorism Offences (Sentencing)|Terrorism Offences]], [[Property and Fraud Offences (Sentencing)]]


===Tools of Sentencing: Available Sentences===
===Tools of Sentencing: Available Sentences===
Line 300: Line 301:
Absolute and Exclusive Jurisdiction Offences
Absolute and Exclusive Jurisdiction Offences
Administrative Tribunals
Administrative Tribunals
Admission of Certain Complainant Evidence for Sexual Offences
 
Authorization to Provide Property or Services to Terrorist Group
 
Bail Release Form
Bail Release Form
Causation of Death
Child Pornography (Trial Verdicts)
Collateral Consequences of Proceedings as a Sentencing Factor
Collateral Consequences of Proceedings as a Sentencing Factor
Complainant Sexual Activity Evidence and Related Evidence
Confrontation Rule
Contempt of Court (Common Law)
Contempt of Court (Common Law)
Counterfeiting (Trial Verdicts)
Counterfeiting (Trial Verdicts)
Credibility (Evidence Cases)
Criminal Code Section Cheat Sheet
Criminal Code Section Cheat Sheet
Curative Discharges (Until December 13, 2018)
Curative Discharges (Until December 13, 2018)
Defence of Necessity
 
Disposition Form (Adult)
Disposition Form (Adult)
Disposition Form (Youth)
Disposition Form (Youth)
Line 319: Line 315:
Draft Informations and Indictments
Draft Informations and Indictments
Draft Jury Decision Trees
Draft Jury Decision Trees
Drug Offences
Emergency Firearms Prohibition Orders
Emergency Firearms Prohibition Orders
Employment Status as a Factor of Sentencing
Employment Status as a Factor of Sentencing
Line 345: Line 340:
Health and Substance Abuse as a Sentencing Factor
Health and Substance Abuse as a Sentencing Factor
Intimate Partner Violence Sentencing
Intimate Partner Violence Sentencing
Judicial Authorizations
Judicial Intervention During Trial
Juvenile Delinquents Act
Juvenile Delinquents Act
Legal Profession Regulation
Legal Profession Regulation
Line 358: Line 351:
Operation, Care or Control of a Vehicle (Until December 13, 2018)
Operation, Care or Control of a Vehicle (Until December 13, 2018)
Parole
Parole
Peace Bond (Force Marriage)
Peremptory Challenge (Prior to September 19, 2019)
Peremptory Challenge (Prior to September 19, 2019)
Police Checklists
Police Checklists
Line 365: Line 357:
Principles and Factors of Sentencing Cases
Principles and Factors of Sentencing Cases
Procedure and Practice Readings List
Procedure and Practice Readings List
Procedure for Review of a Judicial Authorization


Racial Profiling
Reasonable Person Test
Reasonable Person Test
Regulatory Offences
Regulatory Offences
Line 383: Line 373:
Sentencing for Luring Brief
Sentencing for Luring Brief
Sentencing for Murder
Sentencing for Murder
Terrorism Offences
Trial Judgement
Trial Judgement
Voir Dire Decision
Voir Dire Decision


-->
-->

Revision as of 08:46, 8 June 2024



Volume I: Criminal Law

Volume II: Evidence

Basic Principles

Forms of Evidence

Limits on the Admissibility of Evidence


Volume III: Search and Seizure

]], Established Areas of Personal Privacy, Established Areas of Territorial Privacy) · General Police Powers to Intrude (Statutory Warrantless Search Powers) · Manner of Search

Seizure and Forfeiture Powers

Exclusion of Evidence

Appendix

Volume IV: Procedure and Practice

Arrest, Detention and Release

The Parties in a Proceeding

Disclosure

Courts and Charges

Pre-Hearing Stages

]] · Judicial Stay of Proceedings (Abuse of Process, By Crown Counsel, By Law Enforcement (Racial Profiling), Abuse Remedies

Substantive Hearings

Mental Health Issues

Youth Procedure

Appeals

Appendix

Volume V: Sentencing

Principles and Factors

Tools of Sentencing: Available Sentences

Tools of Sentencing: Ancillary Orders

Procedure

Serving Sentences and Afterwards

Young Offenders

Military

Appendix

Full Text By Volume


Retrieved from "https://criminalnotebook.ca/index.php?title=Topic_Index&oldid=93722"