Learning Canadian Criminal Law

Learning Canadian Criminal Law

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Learning Canadian Criminal Law, 16th Edition is a comprehensive text that provides vital background information and a coherent structure for understanding the law. Focusing on the substantive aspects of the criminal justice system and the trial context, this casebook covers the adversary system, how the elements of crime are proven, defences and sentencing practices.

The 16th edition continues to focus on tools students must acquire to be effective criminal lawyers, including critical skills. The aim is to explore substantive principles and the trial context: the purposes of punishment, the adversary system, how elements of crime are proved, principles of act and fault, legal justifications and excuses, and sentencing options. Integrated throughout is a consideration of the impact of the Charter. The focus is on major sources: the Criminal Code itself and key judicial decisions. Comprehension and critical review is facilitated by notes, questions, problems, and general review questions.

The 16th edition incorporates significant decisions affecting vital aspects of criminal law, and we have incorporated material reflecting those. Among the most notable developments are R. v. Brown in 2022, striking down the version of s. 33.1 of the Code that had been enacted following the 1994 decision in Daviault. Another notable decision is R. v. Khill from 2021, the first Supreme Court decision giving substantial guidance about how to interpret the defence of the person provisions in s. 34 as, enacted in 2013. Also included is the discussion in the 2022 decision in R. v. Kirkpatrick about condom stealthing and its impact on consent, raising the difficult question of whether the reasoning in that case is consistent with the Supreme Court’s prior reasoning on the issue in R. v. Hutchinson.

ISBN

9781038205568

Publication Date

2024

Publisher

Thomson Reuters

City

Toronto

Keywords

criminal justice system, criminal trial, skills for criminal lawyers, Criminal Code

Disciplines

Criminal Law | Criminal Procedure

Learning Canadian Criminal Law

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