Everything You Need to Know About Criminal Law
A thoroughly revised edition of Canada's premier treatise on criminal law. Written by defence counsel Morris Manning, Q.C. and Professor Peter Sankoff, Manning, Mewett & Sankoff – Criminal Law, 4th Edition authoritatively articulates the governing principles of criminal law, and features a clear and comprehensive analysis of every offense in the Criminal Code and the Controlled Drugs and Substances Act.
This edition has already been cited by the Supreme Court of Canada in R. v. Dudley, [2009] S.C.J. No. 58 at para. 18, just as previous editions had been repeatedly cited by the Supreme Court and by every provincial Court of Appeal. This book facilitates efficient and focused legal research and provides a foundation upon which to build cogent legal arguments and is an essential resource for defence counsel, the Crown and the judiciary, as well as an indispensable guide for academics and students.
As stated by The Honourable Mr. Justice Morris J. Fish of the Supreme Court of Canada, "The study and understanding of criminal law depend heavily on textbooks of this nature and quality: rooted in practice, informed by theory, and accessible to all. This is a comprehensive work that moves with uncommon fluidity from exposition of the prevailing legal rules to a succinct critique of their perceived weaknesses. I join the many others who will welcome its long-awaited rebirth."
You'll learn how to:
- Understand the scope and weaknesses of Criminal Code offences
- Pursue effective avenues of argument
- Reconcile conflicting views and precedents
- Assess the relationships between offences and defences
New in This Edition
- Coverage of recently amended crimes, including Internet luring, terrorist offences, firearms and weapons offences, human trafficking, hostage taking, and proceeds of crime
- Revised definitions of terms such as "care and control," "sexual assault," "fraudulent act," and "consent"
- Evolving development of defences premised on the concept of moral involuntariness
- Brand-new coverage of the expansion of corporate liability
- Commentary on the increased prevalence of negligence-based crimes
- Expanded discussion of party liability, criminal organizations, and gang activity
- Substantially expanded footnotes to include references to articles, texts and cases
Consideration of Controversial Issues
- What is the proper scope of sexual assault and the defence of honest belief in consent?
- What constitutes criminal harassment?
- When do various types of self-defence of the person apply?
- What influences the SCC in defining the limitations of new crimes?
- How has the spread of criminal defences changed what constitutes a crime
A One-Stop Reference For
- Criminal defence lawyers and Crown attorneys who must be able to analyze every criminal offence quickly and in-depth
- Judges who need to make informed decisions about cases involving criminal law
- Law students who need a complete overview of how the Criminal Code operates
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PART I: CONSTITUTIONAL CONSIDERATIONS
Chapter 1: The Purpose, Sources and Limits of the Criminal Law
Chapter 2: Limits of the Criminal Law: The Charter of Rights and Freedoms
PART II: GENERAL PRINCIPLES OF LIABILITY
Chapter 3: The Physical Element
Chapter 4: The Mental Element
Chapter 5: Strict and Absolute Liability Offences
Chapter 6: Personal Liability and Parties
Chapter 7: Unfulfilled Offences
PART III: GENERAL PRINCIPLES OF DEFENCE
Chapter 8: Defences – General Observations
Chapter 9: Mistake
Chapter 10: Intoxication: Alcohol or Drugs
Chapter 11: Mental Disorder
Chapter 12: Automatism
Chapter 13: Defences of General Application
Chapter 14: Self-Defence, Defence of Property and Prevention of Crime
PART IV: SPECIFIC OFFENCES
Chapter 15: Offences Against the State
Chapter 16: Offences Against the Administration of Law and Justice
Chapter 17: Offences Against Public Order
Chapter 18: Firearms and Weapons Offences
Chapter 19: Homicide
Chapter 20: Offences Against the Person
Chapter 21: Sexual Offences
Chapter 22: Theft and Related Offences
Chapter 23: Fraud, Forgery and Other Offences Relating to Trade and Commerce
Chapter 24: Wilful Damage
Chapter 25: Motor Vehicle Offences
Chapter 26: Currency Offences
Chapter 27: Drug Offences
Morris Manning, Q.C., C.S., J.D. & Peter Sankoff, B.A., J.D., LL.M.
Morris Manning, Q.C., C.S., J.D., was appointed Senior Crown Counsel in 1973 and Queen's Counsel in 1978. As Counsel in the criminal law field, he prosecuted in the trial courts and acted in appeals before all levels of court. As a Certified Specialist in criminal litigation by the Law Society of Upper Canada, he has acted as Defence Counsel at all levels of court. Mr. Manning, Q.C., has appeared before the Supreme Court of Canada on more than 100 occasions. He has been an editor of several Canadian law reports and has authored three criminal law texts, including The Protection of Privacy Act – An Analysis and Commentary (Butterworths), Wiretap Law in Canada (Butterworths), and Rights, Freedoms and the Courts: A Practical Analysis of the Constitution Act 1982 (Emond/Montgomery). Together with the late Professor Alan Mewett, he co-authored the first Canadian text on criminal law, of which this is the fourth edition.
Peter Sankoff, B.A., J.D., LL.M., is a Senior Lecturer at the University of Auckland (New Zealand), Faculty of Law, teaching in the areas of criminal law, evidence, and animal law since 2001. Mr. Sankoff was a law clerk for The Honourable Madame Justice Claire L’Heureux-Dubé at the Supreme Court of Canada. Between 1999 and 2001 he worked for the Canadian federal government as an advisor on human rights matters involving criminal justice. Mr. Sankoff is the Co-Author of Witnesses, a treatise on the substantive, evidentiary, and procedural laws relating to witnesses, the Portable Guide to Witnesses and numerous articles on human rights, criminal procedure, animal law, and evidence.
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