Topic Index

Volume I: Criminal Law

• Sources of Criminal Law
• Actus Reus and Mens Rea
  • Actus Reus: Causation · Duty of Care · Possession
  • Mens Rea: Intention · Knowledge and Wilful Blindness · Recklessness
• General Proof of Elements
  • Identity · Time and Place · Continuity · Ownership · Criminal Organizations · Eyewitness Identification
• Doctrines of Constructive Liability
  • Parties to an Offence · Accessory After the Fact · Recent Possession · Included Offences · Attempts · Counselling · Conspiracy · Lesser Included Offences · Liability of Organizations
• Principles of Interpretation
  • Interpreting Legislative Amendments · Stare Decisis · Criminal Code and Related Definitions · List of Criminal Code Amendments
• Constitutional Challenges to Legislation
  • Principles of Fundamental Justice · Cruel and Unusual Punishment · Justifiable Limitations on Rights · Offences Found to be Unconstitutional
• Offences
  • Terrorism Offences · Weapon Offences (Persons Exempted From Firearm Offences) · Sexual Offences (Online Sexual Offences) · Disorderly Conduct · Offences of Violence · Gambling and Gaming · Hate Speech and Libel · Administration of Justice Offences · Property Offences · Corruption Offences · Drug Offences (Drug Trafficking)
  • Motor Vehicle Offences (Refusal to Give a Sample · Breath Sample Demand · Reasonable Grounds Under Section 254(3) · Presumption of Identity Under Section 258 · Forthwith Under Section 254 · Screening Device · Operation, Care or Control of a Vehicle · Proof of Blood Alcohol Levels · Proof of Impairment by Alcohol · Proof of Impairment by Drugs)
  • Homicide ("Planned and Deliberate" · Murder by Unlawful Act or Object)
  • Repealed Offences
  • Definitions: "Bodily Harm", "Child Pornography", "Dwelling House", Judicial Officers and Offices, General Documents, Legal Documents and Financial Instruments, Parties, Persons, Places and Organizations, "Peace Officers", Terrorism Definitions, "Deceit, Falsehood, or Other Fraudulent Means", Terms Relating to Transactions and Transferences, "Weapons", "Firearms", "Prohibited Firearms", "Restricted Firearms", "non-restricted firearms", "Prohibited Device" and "Ammunition", Misc Code Definitions.

• Regulatory and Provincial Offences
  • Employer Liability Offences · Liability of Organizations · Due Diligence
• Defences
  • Intoxication · Automatism · Provocation · Necessity · Duress · Entrapment · Reasonable Excuse · Self-Defence and Defence of Another (Pre-2013) · Defence of Property (Pre-2013) · Officially Induced Error · Acting in Authority · Corrective Force · Accident and Mistake (Mistaken Belief of Age) · Alibi · De Minimus · Due Diligence · Consent (Consent in Sexual Offences · Age of Consent in Sexual Offences) · Abandonment · Innocent Possession · Colour of Right
  • Offence-specific Defences: Defamatory Libel Defences · Child Pornography Defences (Child Pornography Private Use Defence)

• Appendix
  • Offences by Penalty · CDSA Schedules · Table of Concordance · Table of Cases · Criminal Code and Related Definitions List of Legislative Amendments (Criminal Code (2000 to present) · Criminal Code (1892 to 1984) · Criminal Code (1984 to 1999)) · List of Hybrid Offences · List of Straight Indictable Offences · List of Summary Conviction Offences · Offences by Penalty · History of Sexual Offences

Volume II: Evidence

• Introduction to Evidence

Basic Principles

• Acceptance of Evidence
  • Discretionary Exclusion of Evidence · Standard of Proof (Beyond a Reasonable Doubt) · Burden of Proof
• Proving Facts
  • Direct Evidence · Circumstantial Evidence · Inferences · Recent Possession · Presumptions (Presumption of Innocence) · Judicial Notice · Admissions of Fact · Analyzing Testimony (Bias, Interest, and Corruption · Weighing Testimony of the Accused · Credibility and Reliability of Child Witnesses) · Corroboration
  • Proof of Previous Conviction · Proof of Controlled Substance

Forms of Evidence

• Real Evidence
  • Demonstrative Evidence
• Documentary Evidence
  • Public and Judicial Documents · Private Documents · Business Records (Under Common Law · Evidence Act) · Financial Institution Records · Electronic Documents and Records · Best Evidence Rule
• Testimonial Evidence
  • Competence and Compellability: Compelling Attendance of Witnesses · Oaths and Affirmations · Competence of Witnesses to Testify · Competence of Children and Witnesses of Diminished Capacity · Spousal Immunity
  • Refreshing Memory · Testimonial Aids for Young, Disabled or Vulnerable Witnesses (Testimonial Aids for Witnesses at Risk of Harm) · Long Distance Testimonial Aids · Interpreters · Evidence by Commission
  • Adverse and Hostile Witnesses

Limits on the Admissibility of Evidence

• Opinion Evidence
  • Lay Opinion Evidence
  • Expert Evidence: Qualified Expert Evidence · Legal Requirements for Qualified Expert Evidence (Independence, Impartiality and Lack of Bias of Expert Witnesses) · Procedure for Calling Expert Evidence · Evidence Rules · Established Fields of Expert Evidence (Expert Evidence in Drug Trafficking · Expert Evidence in Psychology and Psychiatry)
• Credibility
  • Collateral Fact Rule · Prior Consistent Statements · Prior Inconsistent Statements · Post-Offence Conduct · Criminal Record · Disreputable and Unsavoury Witnesses
• Character Evidence
  • Character of Accused · Character of Non-Accused Persons · Similar Fact Evidence · Alternative Suspect Evidence · Complainant's Sexual Activity Evidence · Corbett Application
• 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)
  • Principled Exception (Necessity · Reliability)
  • Oral Aboriginal History Evidence
• Admissions and Confessions
  • Admissions · Confessions · Voluntariness · Right Against Self-Crimination · Confessions by Young Persons · Admissions to Undercover Officers or Agents (Mr Big Operations)
• Privilege
  • Solicitor Client Privilege: Searches Intruding on Solicitor-Client Privilege (including Law Office Searches) · Waiver of Solicitor-Client Privilege · Exceptions to Solicitor-Client Privilege
  • Public Interest Privilege (National Defence and Security Privilege) · Litigation Privilege · Settlement Privilege · Informer Privilege · Spousal Privilege · Case-by-Case Privilege · Protection of Journalist Records and Sources

Volume III: Search and Seizure

• Introduction to Search and Seizure
• Fundamental Principles
  • Rights Against Search and Seizure · Reasonable Expectation of Privacy · Established Areas of Privacy · General Police Powers to Intrude · Manner of Search

• Warrantless Searches
  • Search by Consent · Search Incident to Investigative Detention · Search Incident to Arrest · Warrantless Search of Abandoned Property · Plain View Search and Seizure · Exigent Circumstances · (Warrantless Entry into Dwellings in Exigent Circumstances) · Entry into Place to Execute an Arrest Warrant

• Warrant Searches
  • Applying for Judicial Authorizations · Contents of the ITO (Confidential Informers) · Search Warrant Evidence · Reasonable and Probable Grounds · Standard of Review · Execution of Warrants ·
  • Special Search Issues · Searches Intruding on Solicitor-Client Privilege (see above) · Computer-related Search Issues · Sealing and Unsealing Judicial Authorizations

• Types of Warrant
  • Section 487 Search Warrants · General Warrants (487.01) · Bodily Samples (including impaired driving, DNA Samples (487.091) · Body Print Impression Warrant (487.092)) · Obscene Materials Warrant (164) · Gaming House Warrants (199) · Tracking Warrants (492.1) · Warrant for Transmission Data Recorder (492.2) · Firearms Warrants · Hate Propaganda Warrants (320) · Terrorist Propoganda (83.222) · CDSA Warrants (11 CDSA) · Foreign Warrants · Telewarrants · Assistance Orders
  • Production Orders: General Production Orders · Production Orders for Financial Data · Production Orders for Tracking Data · Trace Specified Communications Production Orders · Transmission Data Production Orders
  • Wiretaps (Consent Wiretaps · Third Party Wiretaps · Warrantless Wiretaps · Designated Offences · Admitting Wiretap Evidence · Annual Wiretap Reports)

Seizure and Forfeiture Powers

• Preservation of Evidence and Property
  • Preservation Demands and Orders: Revocation or Variation of a Proceeds Restraint Order
  • Restraint of Offence-related Property
• Seizure of Property
  • Ancillary Powers Doctrine · Warrantless Seizure Under Section 489 · Detention Order for Things Seized Under Section 489 or 487.11 (Order of Detention · Extending an Initial Detention Order) · Taking Photographs and Fingerprints of Accused Persons · Inventory Searches · Firearm Seizure Powers · Seizure of Proceeds of Crime · Seizure and Forfeiture of Obscene or Child Pornographic Materials · Return of Things Seized to Lawful Owners · Seizure of Firearms · Warrants to Seize Explosives · Seizure of Bodily Samples
• Forfeiture Orders
  • Forfeiture of Proceeds of Crime (re Criminal Organizations) · Forfeiture of Offence-related Property · Forfeiture of Offence-related Property Under the CDSA · Forfeiture of Things Detained Under Section 490 · Forfeiture of Weapons and Firearms · Forfeiture of Computer-related Property · Fine in Lieu of Forfeiture · Civil Forfeiture · Terrorism Forfeiture Orders · Hate Propaganda Forfeiture Orders

Exclusion of Evidence

• Waiver of Charter Rights · Exclusion of Evidence Under Section 24(2) of the Charter

Appendix

• Judicial Authorization Chart · ITO Drafting Checklist · Case Digests

Volume IV: Procedure and Practice

• Introduction to Procedure and Practice

Arrest, Detention and Release

• Arrest and Detention
  • Investigative Detention · Warrantless Arrests (Arrest by a Citizen) · Initial Post-Charge Detention · Continued Detention After Appearing Before a Justice
  • Warrant Arrests: Accused Arrest Warrants for Failing to Attend Court · Arrest Warrants for Witnesses · Arrest Warrants for Accused Persons · Out of Province Arrest Warrants
  • Reasonable Suspicion
• Procedural Rights
  • Arrest Procedure: Right to be Informed of Charges · Right to be Informed of Reasons for Arrest or Detention · Initial Post-Charge Detention
    • Right to Counsel on Detention or Arrest: Informational Component to Right to Counsel · Implementation Component to Right to Counsel · Right to Additional Opportunities to Consult with Counsel · Right to Choice of Counsel
  • Waiver of Charter Rights · Exclusion of Evidence on Rights Violation · Initial Post-Charge Detention
• Compelling Attendance
  • Compelling Attendance by Accused Without Arrest · Warrantless Arrests and Warrant Arrests · Laying of an Information · Issuing Process · Release by Police · Procuring the Attendance of a Prisoner · Transfer of Matters to Other Provinces or Territories
• Judicial Interim Release / Bail
  • Bail Hearings · Reverse Onus Bail · Grounds for Detention · Bail Hearing Evidence · Sureties and Deposits · Terms of Release · Breach of Release Conditions · Revoking, Terminating, or Replacing Bail or Remand Orders · Estreatment of Recognizance · Bail Pending Appeal · Bail Review · Bail for Young Accused · Release on Section 469 Offences (including murder)

• Extradition

The Parties in a Proceeding

• Role of the Crown (Prosecutorial Discretion) · Role of the Defence Counsel · Conflicts of Interest · Role of Law Enforcement · Role of the Accused (Sitting Position of the Accused at Trial) · 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) · Role of the Victim and Third Parties · Counsel Appearing by Telepresence

Disclosure

• Crown Duty to Disclose (Types of Disclosable Materials · Limitations on Access to Disclosure) · Police Duty to Collect Evidence · Lost or Destroyed Evidence · Disclosure of Third Party Records · Remedy for Breach of Disclosure Obligation · Demand for Particulars · Production Orders · Special Disclosure Issues · Access to Things Detained Under Section 490 · Access to Court-Filed Exhibits

Courts and Charges

• Criminal Courts and Charges
  • Criminal Courts · Jurisdiction of the Courts (Extra-Territorial Jurisdiction of the Courts · Special Jurisdiction for Offences Over Water) · Procedure for Young Accused · Rules of Court

• Informations and Indictments
  • Laying of an Information · Direct Indictments · Form and Content of Charges · Joinder and Severance of Charges · Amendments to Charges
• Private Prosecutions
• Types of Offences

• Public Access to Courts
  • Open Court Principle · Public and Media Restrictions (Statutory Publication Ban on Identity Information · Excluding People From Court) · Publication Bans Relating to Youth Prosecutions · Access to Records Relating to Youth Prosecutions · Access to Court-Filed Exhibits · Sealing and Unsealing Judicial Authorizations

Pre-Hearing Stages

• Initial Court Appearances
  • Arraignment and Plea (Plea of Not Guilty and Other Pleas · Autrefois Acquit and Autrefois Convict) · Election (Crown Election · Defence Election · Defence Re-Election) · Choice of Language · Appearance Before a Youth Justice
• Remote Attendance: In Court of Appeal · By Accused · Judge and Jurors · Witnesses · By Counsel and Others
• Case Management Hearings
• Applications and Motions Procedure
  • Voir Dire · Charter Applications · Adjournments · Publication Bans · Change of Venue · Rule Against Collateral Attacks on Court Orders · Judicial Neutrality and Bias · Summary Dismissal Applications
  • Peace Bonds: Forced Marriage · Injury or Damage · Organized Crime · Serious Personal Injury · Sexual Offences · Terrorism Vulnerable Witnesses
• Crown or Judge-Ordered Termination of Proceedings
  • Withdraw and Dismissal of Charges · Constitutional Challenges to Legislation · Mistrials · Directed Verdicts ·
  • Stay of Proceedings: Judicial Stay of Proceedings (Abuse of Process, By Crown Counsel (Prosecutorial Discretion), By Law Enforcement, Abuse Remedies
  • Right to a Trial Within a Reasonable Time: Breach Within the Presumptive Ceiling · Defence Delay · Extraordinary Circumstances in Jordan Delay Analysis
    • Morin Framework (Pre-Jordan 2016) (Reasons for Delay)
• Prerogative Writs and Judicial Review
  • Mandamus, Certiorari, and Prohibition · Habeas Corpus
• Remedies
  • Costs

Substantive Hearings

• Preliminary Inquiry
  • Electing a Preliminary Inquiry · Statement of Issues and Witnesses Under Section 536.3 · Preliminary Inquiry Evidence · Air of Reality Test · Procedural Powers of a Preliminary Inquiry Judge · Order of Committal to Stand Trial
• 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
  • Loss of Judge During Proceedings
• Juries
  • Juror Eligibility · Procedure · Selection · Right to a Representative Jury · Selecting Jurors From Panel · Peremptory Challenge · Selecting Additional and Alternate Jurors · Challenge to Jury Panel · Challenge for Cause · Instructions · Discharging a Juror · Special Issues Relating to Jurors
• Trial Verdicts
  • Analyzing Testimony (Weighing Testimony of the Accused · Credibility of Complainants or Victims‎‎ · Credibility and Reliability of Child Witnesses)
  • Kienapple Principle · Directed Verdicts

Mental Health Issues

• Mental Illness
  • Assessment for Fitness and Criminal Responsibility · Fitness to Stand Trial · Assessment for Fitness and Criminal Responsibility · Treatment of an Accused Unfit to Stand Trial · Not Criminally Responsible Due to Mental Disorder
  • Review Board Detention and Bail, Review Board Disposition Hearings, Review Board Hearing Procedure, Review Board Publication Bans, Review of Review Board, Powers of the Review Board, Appeal of Mental Illness Dispositions, Mental Disorder in Youth Justice

Youth Procedure

• Procedure for Young Accused · Right of Youth to Notify Parents

Appeals

• Appeals
• Right to Appeal
  • Right of Appeal of Verdicts or Sentences for Indictable Offences · Right of Appeal of Verdicts or Sentences for Summary Offences · Right of Appeal of Verdicts or Sentences for Indictable Offences · Right of Appeal of Verdicts or Sentences for Summary Offences · Right of Appeal of a Summary Conviction Appeal Decision
• Appeals Relating to Young Persons
• Standard of Review
• Grounds of Appeal from Verdicts: Unreasonable Verdict · Appeal of an Error of Law · Miscarriage of Justice (Ineffective Counsel) · Misapprehension of Evidence · Sufficiency of Reasons
• Grounds of Appeal from Sentence · Appeals Other Than Verdicts or Sentences
• Remedies on Conviction Appeal · Remedies on Acquittal Appeal · Remedies on Sentence Appeal
• Appeal Procedure
  • Appeal Procedure For Summary Convictions · Appeal Procedure For Indictable Convictions · Representation and Attendance on Appeal · Appellate Evidence · Interim Remedies Pending Appeal · Bail Pending Appeal
• Appeals to the Supreme Court of Canada
• Ministerial Review

Appendix

• Definitions · Case Digests · Readings · List of Criminal Code Forms · Misc Procedural Provisions
• Precedents and Checklists: Motions Chart · Motions Checklist · Trial Preparation Checklist · Bail Checklist

Volume V: Sentencing

• Introduction to Sentencing

Principles and Factors

• Purpose and Principles of Sentencing
  • Enumerated Purposes of Sentencing · Proportionality · Denunication and Deterrence · Totality · Parity Principle · Restraint Principle · Jump, Step and Gap Principles · Aboriginal Offenders · Sentencing Starting Points · Sentencing Ranges
  • Aggravating and Mitigating Factors: Sentencing Factors Relating to the Offender (Racial Identity in Sentencing) · Sentencing Factors Relating to the Offence · Victims as a Factor in Sentencing · State and Police Misconduct as a Sentencing Factor · Effect of Criminal Records in Sentencing · Position of Trust as a Factor in Sentencing
  • Sentencing of Organizations
• Principles by Offence
  • Offences of Violence (Domestic Violence Sentencing · By Persons in Authority) · Drug Offences · Sexual Offences · Regulatory Offences · Sentencing Fraud · Child Pornography Sentencing · Weapon Offences

Tools of Sentencing: Available Sentences

• Alternative Measures: Extrajudicial Measures for Young Offenders · Remediation Agreements
• Sentences: Discharges (Curative Discharges) · Probation Orders (Terms and Conditions · Restitution) · Fines · Imprisonment · Conditional Sentences (Terms and Conditions of a Conditional Sentence Order · Conditional Sentence Breaches)
• Concurrent and Consecutive Sentences · Maximum and Minimum Sentences (Statutory Maximum Penalties · Mandatory Minimum Penalties) · Life Sentences

Tools of Sentencing: Ancillary Orders

• Ancillary Investigative Orders
  • DNA Orders (Primary Designated Offences · Secondary Designated Offences, A) · SOIRA Orders (Notices Outside Canada, Notices Pre-2004) · Duration of SOIRA Orders · Early Termination of SOIRA Orders
• Ancillary Prohibition Orders
  • Section 161 Orders · Weapons Prohibition Orders · Firearms Prohibition Orders · Fraud Prohibition Orders · Animal Prohibition Orders · Driving Prohibition Orders
• Ancillary Fine and Restitution Orders:
  • Stand-alone Restitution Orders · Victim Fine Surcharge · Fine in Lieu of Forfeiture
• Forfeiture Orders
  • Forfeiture of Proceeds of Crime (Proceeds of Crime Disclosure Order Proceeds of Crime Search Warrant)
  • Forfeiture of Offence-related Property · Forfeiture of Offence-related Property Under the CDSA · Detention Order for Things Seized Under Section 489 or 487.11

Procedure

• Sentencing Procedure
  • Overview of Sentencing · Guilty Plea · Notice of Increased Penalty · Evidence · Pre-Sentence Reports · Victim Impact Statements · Plea Bargains · Remand Credit · Charter Issues (Retrospective Punishments) · Sentencing Circles

Serving Sentences and Afterwards

• Serving Sentences · Consequences of Criminal Records After Sentencing (Pardons and Record Suspensions · Immigration Consequences from a Conviction)
• Parole: Application for Parole · Delayed Parole Eligibility · Judicial Review of Parole Ineligibility · Judicial Review of Parole Ineligibility for Murder
• Long-Term and Dangerous Offender Designation:
  • Remand Assessment for LTO/DO Applications · List of Dangerous Offender Designated Offences · Requirements for a Long Term Offender Designation · Serious Personal Injury Offences · Consequences of a Long Term Offender Designation · Requirements for a Dangerous Offender Designation · Consequences of a Dangerous Offender Designation · Procedure in a LTO/DO Designation Hearing · Appellate Review of an LTO or DO Designation

Young Offenders

• Youth Criminal Justice · Miscellaneous Authority of a Youth Court Justice
• Procedure for Young Accused · Bail for Young Accused
• Sentencing Young Offenders · Principles and Purposes of Youth Sentencing · Factors of Youth Sentencing · Youth Pre-Sentence Reports
• Dispositions for Young Offenders: Adult Sentences for Young Offenders · Custody and Supervision Orders · Youth Serving Custody Sentences · Youth Probation Orders · Concurrent and Consecutive Youth Sentences

Military

• Military Sentencing

Appendix

• Case Digests · Checklist · Index of Offences by Penalty

Full Text By Volume

• Volume 1: Criminal Law (large page)
• Volume 1.1: Offence Profiles (large page)
  • Full Text:Volume 1.1A (Terrorism, Organized Crime, Weapons)
  • Full Text:Volume 1.1B (Sexual Offences and Disorder Offences)
  • Full Text:Volume 1.1C (Violent Offences and Homicide)
  • Full Text:Volume 1.1D (Administration of Justice Offences)
  • Full Text:Volume 1.1E (Motor Vehicle Offences)
  • Full Text:Volume 1.1F (Property Offences and Corruption Offences)
  • Full Text:Volume 1.1G (Drug Offences)
  • Full Text:Volume 1.1H (Gaming, Hate Speech, Libel, Regulatory)
  • Full Text:Volume 1.1I (Repealed and Unconstitutional Offences)
  • Full Text:Volume 1.1J (Misc Offences)
• Volume 2: Evidence (large page)
• Volume 3: Search and Seizure (large page)
• Volume 4: Procedure and Practice (large page)
  • Full Text:Volume 4A - Police Powers and Bail
  • Full Text:Volume 4B - Pre-trial Matters
  • Full Text:Volume 4C - Preliminiary Inquiry, Trial and Verdict
  • Full Text:Volume 4D - Mental Health
  • Full Text:Volume 4E - Appeals
• Volume 5: Sentencing (large page)
• Volume 6: Case Digests (large page)
• Volume 7: Reference Materials (large page)