Halsbury's Laws of Canada – Criminal Offences and Defences (2020 Reissue)
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The long arm of the criminal law routinely reaches beyond the specialized files of criminal law practitioners, requiring every lawyer to have a working understanding of this important field of law. Whether a client seeks basic explanation with respect to a drinking and driving charge, a family law negotiation witnesses an abduction by a non-custodial parent, or a corporate transaction is potentially impacted by proceeds of crime provisions, non-criminal lawyers require an effective resource to provide the necessary context and a clear narrative of the relevant law.
Newly revised and thoroughly updated, Halsbury's Criminal Offences and Defences (2020 Reissue) is that resource. It sets out the law governing criminal offences in Canada, as codified by the Criminal Code of Canada, and the various technical and substantive defences that are available to an accused, either in the Criminal Code or through the operation of common law. The updated title also covers the 2019 amendments to the offences in the Code, including those pertaining to impaired driving and intimate partner violence, and addresses the revised mens rea requirements, the newly hybridized offences, and the deletion of reverse onuses resulting from Charter rulings by the Supreme Court of Canada.
Topics covered include:
- Threshold and framework issues
- Constitutional validity of the criminal offence
- Criminal Code – history and interpretation
- Who can prosecute a criminal offence
- Who can be held criminally liable
- Territorial jurisdiction
- Common law offences and defences
- Elements of crime
- Criminal Code offences
- Wire-tapping and interception of communications
- Crimes against public order, including terrorism
- Impaired driving and refusal to provide breath or blood samples
- Sexual assault, sexual offences involving children, obscenity and child pornography
- Public indecency
- Offering, providing or obtaining sexual services for consideration
- Games, gaming and betting
- Criminal libel and hate propaganda
- Murder, manslaughter, assault and other crimes involving violence or threats of violence
- Criminal negligence and recklessness
- Offences in relation to family relationships and children
- Offences in respect of property
- Firearms and other weapons
- Proceeds of crime
- Special issues
- Parties to offences
- Conspiracy offences
- Organized crime
- Misleading or subverting justice
- Statutory and common law defences
- Burden of proof
- Process-oriented defences
- Substantive common law defences
- Substantive defences under the Code
- Self-induced intoxication
- Mental disorder
- Defence of property
- Other defences
- Investigative powers of arrest and enforcement
- Powers of arrest with or without a warrant
- Duty of peace officer following apprehension or arrest
- Other warrantless powers
- Liabilities and exemptions from liability
- Offences committed against or involving peace officers
- Escape from lawful custody and failure to appear
Table of contents
II. Investigative Powers and Enforcement
III. Interception of Communications
IV. Crimes Against Public Order
V. Impaired Driving and Refusal to Provide a Breath Sample
VI. Sexual and Public Morality Crimes
VII. Offences Involving Violence or Threats of Violence
VIII. Criminal Libel and Hate Propaganda
IX. Criminal Negligence and Recklessness
X. Offences in Relation to Family Relationships and Children
XI. Property Offences
XII. Firearms and Other Weapons
XIII. Proceeds of Crime
XIV. Ancillary Offence Provisions
XV. Statutory and Common Law Defences
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