Lexis Nexis Halsbury's Laws of Canada – Criminal Procedure (2020 Reissue)
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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 (2020 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 (2020 Reissue). Clearly written and logically organized, this title explains the framework for administering the substantive law and discusses the procedural rules that support the implementation and enforcement of that law. The title encompasses such issues as the rules by which, according to the Criminal Code, police powers are exercised, the right to counsel, search warrants, judicial interim release, and procuring attendance of witnesses.
Specific topics covered include:
Search and seizure process
- Reasonableness of a search or seizure
- Warrantless searches
- Search incidental to arrest
- Issuing of search warrants and orders
- Conventional search warrants
- General/surveillance warrants
- Special warrants
- Preservation and production orders
- Review of warrants
- Execution of search warrants
- Forensic DNA analysis
- Access to search warrant documents
- Entering dwelling houses and carrying out arrests
- Charter remedies and police conduct
Apprehension, bail and compelling appearance
- Warrantless arrest
- Release from custody after arrest
- Appearance of accused before justice
- Information, summons and warrants
- Judicial interim release
- Proceedings respecting failure to comply with release conditions
- Effect and enforcement of recognizances
Pleas
- Special pleas
- Previous charges
- Defamatory libel
Insanity and mental disorder
- Defence of mental disorder
- Assessment orders
- Protected statements
- Fitness to stand trial
- Not criminally responsible on account of mental disorder
- Review boards
- Disposition hearings and appeals
- High-risk accused
- Dual status offenders
Indictment, counts, joinder and severance
- General and special provisions
- Joinder or severance of counts
- Amendment of indictment or 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 by judge without a jury
- Re-election
- Election deemed or waived
- Procuring attendance
- Remediation agreements
Trial procedure
- Case management and jurisdiction
- Trial without a jury
- Jury trial procedures
- Evidence at trial
- Verdicts
- Character evidence and prior convictions
- Formal defects in the jury process
- Further evidence
Forms and electronic documents
Summary convictions and appeals
- Pre-trial procedure
- Trial
- Adjudication
- Recognizances ordered for the protection of persons
- Appeals
- Fees and allowances
Sentencing and other post-conviction orders
- Sex offender information
- Forfeiture of offence-related property
- Sentencing
- Principles, procedure and evidence
- Absolute and conditional discharges
- Probation
- Fines and forfeiture
- Restitution
- Conditional sentence of imprisonment
- Imprisonment
- Pardons and remissions
- Dangerous and long-term offenders
Appeals and miscarriages of justice
- Appeals of indictable offences
- Procedure on appeal, including release from custody pending appeal
- Procedural and adjudicatory powers of the Court of Appeal, including new trials
- Appeals to the Supreme Court of Canada
- Applications for ministerial review for miscarriages of justice
Extraordinary remedies
- Certiorari, habeas corpus and prohibition
- Quashing convictions, orders, proceedings or warrants
- Appeals
- Expungement of historically unjust same-sex sexual offence convictions
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
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