Issues in Criminal Trials and Summary Appeal Law, 2nd Edition
Drawing on his years of experience and expertise, author and Assistant Crown Attorney Moiz Karimjee explains the law on over 50 offence specific and particular issues in criminal trials and sentencing hearings and the basis for launching summary conviction and sentence appeals. The law is synthesized, when necessary, to assist counsel and judges in navigating a body of law that may often appear to be contradictory.
The ideal guideIssues in Criminal Trials and Summary Appeal Law, 2nd Edition addresses practical and legal issues which may emerge during criminal trials and explains the basis for launching summary conviction and sentence appeals. For ease of reference the book is divided into four parts:
- Part I: Reviews the law surrounding summary appeals, including the basis upon which a summary conviction appeal can be launched, as well as the legal tests and onuses
- Part II: Discusses a wide variety of offence specific and particular legal topics that can arise in criminal trials and sentencing hearings and may be the basis for launching a summary appeal
- Part III: Discusses Post R v. Jordan analysis of the powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings
- Part IV: Provides guidance to counsel after they have determined that a summary conviction (or acquittal) appeal should be launched. The chapters in this section outline the rules and procedures that govern summary appeals, and discuss the issues that may arise while awaiting the appeal
Features and BenefitsThis very practical guide covers the many topics relevant to criminal trials, and summary conviction and sentence appeals. In particular, Issues in Criminal Trials and Summary Appeal Law, 2nd Edition:
- Provides pragmatic assistance to trial lawyers and judges by providing a synthesis of the law on over 50 offence specific and particular issues arising in criminal trials and sentencing hearings. The discussion includes a brief summary of each topic as well as the applicable leading case law
- Helps answer the complex questions that are relevant when considering a summary conviction and sentence appeal
- Includes a special section on appellate advocacy prepared by The Honourable Madam Lynn D. Ratushny
- Contains sample precedents related to summary appellate practice
What's New in this Edition?
- Updated to account for updates to the law since the previous edition
- New chapter (Part III) discussing post R v Jordan and the powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings
- The following issues are new in the second edition, or are revised to account for the updates in the law since the first edition:
- When is mental illness a neutral, mitigating or aggravating factor at sentencing?
- Significantly revised discussion on the issue of whether the trial judge properly applied the test for unreasonable delay under section 11(b) of the Charter and made reasonable findings of fact, referencing Supreme Court of Canada decision, R v Jordan
- Is Notice of Constitutional Question required after a Superior Court strikes down a criminal code provision?
- The Validity of a Guilty Plea as it Relates to Knowledge of Potential Immigration Consequences with significantly revised discussion and analysis of Ontario Court of Appeal decision: R v Quick
- Circumstantial Evidence and Proof of Impairment: Does the Evidence have to Exclusively Point to Guilt? Including discussion of Supreme Court of Canada Decision: R v Villaroman
- Did the judge err in imposing concurrent or consecutive sentences?
- What are the permissible uses and dangers of using religious beliefs as evidence in a criminal trials?
- Did the trial judge apply uneven scrutiny between the evidence of the Crown and defense?
- Did the trial judge err by engaging in speculation?
- Did the trial judge err by failing to provide assistance to an unrepresented accused?
- Is it an error in law for the trial judge to consider the evidence of the accused's manner of speech, and misspelling of her own name in order to identify herself, at the roadside, before rights to counsel are given, as evidence of impairment?
- What are the elements of public incitement of hatred under section 319(1) of the Criminal Code?
- Could a person verbally abusing a Muslim woman for wearing a hijab be charged with criminal harassment or mischief under the Criminal Code?
- What is the law on adjournment applications shortly before the trial date?
- Is the decision of the Crown to intervene in a private prosecution and stay the charge reviewable by a "private prosecutor"?
- What is the utility, the law, and mechanism, if any for imposing, reviewing or appealing a Common Law Peace Bond?
- Detailed new section on Stay of Driving Prohibition Pending Appeal including practice notes and sample court order
- Revised discussion on section 684 applications
Who Will Benefit
- Criminal Law Lawyers (including Crown Counsel) – Provides a practical guide to effectively consider and litigate criminal trials and summary appeals
- Judges – Answer questions in relation to over 50 issues in criminal trials and the basis of launching summary conviction and sentence appeals
- Law schools/Law libraries - Addresses the practical and legal issues that emerge in criminal trials and summary appeals
Table of contents
Preface: Purpose of the Text
Part I – Summary Conviction Appeals
Chapter 1: The Statutory Framework of Summary Conviction Appeals
Chapter 2: Basis for Appealing an Acquittal
Chapter 3: The Powers of a Summary Appeal Court on Appeals from an Acquittal
Chapter 4: The Three Bases for Appealing a Sentence
Part II – Issues Commonly Arising on Summary Conviction Appeals
Chapter 5: Issues Commonly Arising on Summary Conviction Appeals
Part III – Post Jordan powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings
Part IV -- Supplementary and Post-Appeal Issues
Chapter 6: Essential Timelines, Rules, Tests and Consent Orders Under the Criminal Proceedings Rules for the Superior Court of Justice
Chapter 7: Bail Pending Appeal & Stay of Driving Prohibition Pending Appeal
Chapter 8: Section 684 Applications
Chapter 9: The Test for Waiving Compliance with the Rules and Seeking Leave to Amend the Notice of Appeal After the Appellant has Filed the Factum
Chapter 10: Guidance on Summary Appeal Advocacy (by the Honourable Justice Ratushny)
Chapter 11: Does the Recognizance or Detention Order Before a Verdict or Sentence Continue to Apply During the Appeal Stage? Does it Apply Post-Appeal if a New Trial is Ordered?
Chapter 12: What Next After a Summary Appeal?
Appendix 1: Draft Section 684 Order
Appendix 2: Draft Letter to Legal Aid in Respect of a Section 684 Order
Appendix 3: Questions that the Unrepresented Appellant May Have to Answer to Support the Section 684 Application