Halsbury's Laws of Canada - Criminal Procedure (2012 Reissue)

Description

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The criminal law is one of the cornerstones of legal and social organization in Canada. As such, its impact is often felt in some manner, either directly or indirectly, by a wide range of Canadians, and, inevitably, a wide range of legal clients. This reality requires even non-specialists in criminal law to have a clear understanding of both the substantive and procedural framework that defines the criminal justice system.

Newly revised and thoroughly updated, Halsbury’s Laws of Canada – Criminal Procedure (2012 Reissue) delivers that understanding in an authoritative and comprehensive manner. It sets out the law governing criminal procedure in Canada, as codified by the Criminal Code of Canada, and complements the discussion of the substantive law set out in Halsbury’s Laws of Canada – Criminal Offences and Defences. Clearly written and logically organized, this title explains the framework for administering the substantive law, and as its name implies, discusses the procedural rules that support the implementation and enforcement of that law. It encompasses such things as the rules by which, according to the Criminal Code, police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.

Specific topics covered include:

• The search and seizure process
  • Reasonableness of a search or seizure
  • Warrantless searches and search incidental to arrest
  • Issuing of search warrants
  • Conventional, general and special search warrants
  • Review of warrants
  • Execution of search warrants
  • Forensic DNA analysis
  • Access to search warrant documents
• Arrest and compelling appearance
  • Warrantless arrest
  • Release from custody after arrest
  • Information, summonses and warrants
  • Contents and service of summons and execution of warrant
• Judicial interim release
  • General principles
  • Undertaking and conditions
  • Detention or remand in custody
  • Effect and enforcement of recognizances
• Insanity and mental disorder
  • Assessment orders and fitness to stand trial
  • Disposition hearings and appeals
  • Defences
• Indictment, counts, joinder, severance and pleas
  • General and special provisions
  • Joinder or severance of counts
• Pre-trial procedures and pre-trial orders
  • In camera proceedings and publication bans
  • Restrictions on testimony or witnesses
  • Language of accused
  • Election and preliminary inquiries
• Trial procedure
  • Trial without a jury
  • Jury trial procedures
  • Evidence at trial
  • Verdicts
• Forms and electronic documents
• Summary convictions and appeals
• Sentencing and post-conviction orders
  • Sex, dangerous and long-term offenders
  • Principles procedure and evidence
  • Absolute and conditional discharges and probation
  • Fines and forfeiture
  • Appeals and review for parole
• Appeals and applications for ministerial review
  • Procedure on appeal
  • Release from custody pending appeal
  • Procedural and adjudicatory powers of the Court of Appeal
  • New trials
  • Appeals to the Supreme Court of Canada
• Extraordinary remedies
  • Certiorari, habeas corpus, prohibition
  • Quashing convictions, orders, proceedings or warrants

Special Features

• Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations — an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources — setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
• Glossary of definitions — identifying words and phrases defined in legislation governing employment relations, and providing the text of the definition in each jurisdiction for easy reference. A valuable “quick reference” in a field marked by a wide variety of statutes promulgated across many jurisdictions

Plus

• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index

Table of Contents

I. Introduction
II. The Search and Seizure Process
III. Apprehension, Bail and Compelling Appearance
IV. Pleas
V. Insanity and Mental Disorder
VI. Indictment, Counts, Joinder and Severance
VII. Pre-trial Procedures and Pre-trial Orders
VIII. Trial Procedure
IX. Forms and Electronic Documents
X. Summary Convictions and Appeals
XI. Sentencing and other Post-Conviction Orders
XII. Appeals and Miscarriages of Justice
XIII. Extraordinary Remedies
Author/Contributor

Alan D. Gold

Alan Gold is one of Canada’s leading and most successful criminal lawyers. He has appeared as counsel in many leading criminal cases. He is the author of Quicklaw’s well-regarded Alan D. Gold’s Criminal Law NetLetter, and a certified Specialist in Criminal Litigation. Mr. Gold was the first Chairman of the Criminal Litigation Specialty Committee, and past President of the Ontario Criminal Lawyers Association (from 1997 to 2001). He is also a member of Legal Aid Ontario’s Group and Test Case Committee (since 1998) and the Government of Ontario’s Judicial Appointments Advisory Committee. In 1993, Mr. Gold was inducted into the American College of Trial Lawyers and in 1997, he was honoured with the G. Arthur Martin Award for Contribution to Criminal Justice. Currently a Bencher of the Law Society of Upper Canada, Mr. Gold is no stranger to the written legal word. He authored 16 annual volumes of the Annual Review of Criminal Law (Carswell), Drinking & Driving Law (Carswell), and authors Defending Drinking and Driving Cases, 2005 (Carswell) which has itself gone through eight editions. His most recent book is Expert Evidence in Criminal Cases: The Scientific Approach (Irwin Law) which was awarded the 2005 Walter Owen Book Prize. This award is offered by the Foundation for Legal Research, and is designed to recognize excellent legal writing and to reward outstanding new contributions to Canadian legal literature that enhance the quality of legal research in this country. Mr. Gold was recently selected to be included in the inaugural edition of The Best Lawyers in Canada. Inclusion ℠ in Best Lawyers is regarded as the highest form of professional accolade.

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