Search
Full bibliography 1,148 resources
-
"Since the Supreme Court’s landmark decision in R v Jordan, 2016 SCC 27, there has developed a complex new body of jurisprudence respecting how section 11(b) of the Charter of Rights and Freedoms is to be interpreted, and how the Jordan framework should be applied. A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant caselaw, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals. This guide provides both an examination of the caselaw relevant to these issues, and analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated."-- Provided by publisher.
-
This article examines the doctrine of abuse of process in Canadian criminal law in the light of two recent events, the decision of the Supreme Court of Canada in Amato c. R. and the adoption of the Canadian Charter of Rights and Freedoms.
-
Courts around the world moved quickly in determining how to conduct proceedings remotely in response to COVID-induced shutdowns. However, both implicitly and by their actions, in the initial wake of pandemic closures Canadian courts demonstrated a consensus that jury trials could only be conducted in person, even as other proceedings moved to a digital realm. We provide a snapshot of what Canadian courts’ initial responses were in adapting to their new reality. We then highlight general issues that need to be considered in conducting court proceedings online, as well as describe issues specific to criminal jury trials. Our contention is that the failure of Canadian courts to address these issues, and their failure to make any considerations towards conducting jury trials remotely despite doing so for nearly all other proceedings, leaves the jury trial vulnerable to obsolescence in a digital world.
-
"This book will be the second edition of our essential guide to when and how Charter remedies are available in criminal law. The book begins with "threshold matters," pertaining to when and how Charter remedies are available (e.g., which court, the standard of proof, procedural rules). The rest of the chapters focus on Charter remedies for particular outcomes in cases, ranging from excluding evidence, achieving a stay of proceedings, getting a sentence reduction, getting costs against the crown, making an application for habeas corpus review (unlawful detention), and legislative invalidity."-- Provided by publisher.
-
Le 573e recueil de textes dans la série des colloques du Service de la qualité de la profession du Barreau du Québec regroupe les conférences prononcées le 27 mars 2025, à Montréal, dans le cadre du colloque Les développements récents en droit criminel. Nous sommes particulièrement heureux d’avoir pu compter sur l’expertise et la généreuse collaboration de Me Léon Moubayed du cabinet Davies Ward Phillips et Vineberg, S.E.N.C.R.L., s.r.l. et de MeJulie Auclair du Barreau du Québec. Nous devons à MeMoubayed et MeAuclair d’avoir su réunir une équipe de spécialistes chevronnés autour de sujets pertinents. Les conférenciers retenus en raison de leur expertise et de leurs connaissances, n’ont pas hésité à consacrer nombre d’heures au bénéfice de la communauté juridique.
Explore
Resource type
- Blog Post (3)
- Book (455)
- Book Section (103)
- Case (115)
- Conference Paper (3)
- Dictionary Entry (49)
- Encyclopedia Article (1)
- Journal Article (406)
- Newspaper Article (1)
- Preprint (1)
- Presentation (1)
- Report (9)
- Thesis (1)
Topics
- Aboriginal law (3)
- Aboriginal peoples (1)
- Access to information (1)
- Administrative law (10)
- Admissibility (1)
- Appeals (5)
- Arrest (1)
- Bankruptcy and insolvency (3)
- Banks (1)
- Canada (3)
- Charge to jury (2)
- Charter of Rights (9)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Communications law (1)
- Constitutional law (19)
- Contracts (1)
- Copyright (7)
- Copyright Pentalogy (5)
- Court having jurisdiction (1)
- Courts (5)
- Criminal law (46)
- Custody (1)
- Division of powers (3)
- Equity (1)
- Evidence (9)
- Expropriation (1)
- Extraterritoriality (1)
- Family law (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Immigration (3)
- Income tax (1)
- Informer privilege (1)
- Infringement (2)
- Insurance (1)
- Intellectual property (5)
- Judicial review (5)
- Jurisdiction (3)
- Obligation of loyalty (1)
- Occupational health and safety (1)
- Open court principle (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (1)
- Property (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (8)
- Sex workers (1)
- Sexual assault (3)
- Status of persons (1)
- Statutes (1)
- Taxation (3)
- Telecommunications (1)
- Trafficking in persons (1)
- Transportation law (1)
- Treaty rights (1)
- Trial (2)
- Young persons (2)
Publication year
- Between 1700 and 1799 (2)
-
Between 1800 and 1899
(5)
-
Between 1830 and 1839
(1)
- 1830 (1)
-
Between 1840 and 1849
(1)
- 1849 (1)
-
Between 1880 and 1889
(1)
- 1880 (1)
- Between 1890 and 1899 (2)
-
Between 1830 and 1839
(1)
-
Between 1900 and 1999
(253)
-
Between 1910 and 1919
(1)
- 1918 (1)
- Between 1930 and 1939 (6)
- Between 1940 and 1949 (3)
- Between 1950 and 1959 (7)
- Between 1960 and 1969 (24)
- Between 1970 and 1979 (22)
- Between 1980 and 1989 (74)
- Between 1990 and 1999 (116)
-
Between 1910 and 1919
(1)
-
Between 2000 and 2026
(888)
- Between 2000 and 2009 (190)
- Between 2010 and 2019 (307)
- Between 2020 and 2026 (391)