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Legal Practice Collection Flash Sale! Emond+ members save 20% on regular-priced and in-stock practice books and CPD until December 4th and get free shipping year-round. Click to join!
WALTER OWEN BOOK PRIZE WINNER!
Modern Criminal Evidence, 2nd Edition

Modern Criminal Evidence, 2nd Edition

Matthew Gourlay, Brock Jones, Jill D. Makepeace, Glen Crisp, Justice Renee Pomerance
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Coming Soon

Modern Criminal Evidence, 2nd Edition provides a practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, its practice-focused approach leads readers through evidentiary issues across all components of criminal law, offering insight from Crown, defence, and judicial perspectives.

National in scope, this modern interpretation of criminal evidence law examines a wide range of topics, including judicial fact-finding, pre-trial considerations, expert evidence, circumstantial evidence, hearsay, character evidence, digital evidence, examination of witnesses, and the intersection of proceedings. This edition includes a significant update to the digital evidence chapter addressing deepfakes and AI-modified content, and expands its witnesses coverage into three separate, in-depth chapters.

Authored by a team of criminal law experts, including members of the criminal defence bar, crown, and the judiciary, Modern Criminal Evidence remains the most useful up-to-date resource for criminal litigators and judges seeking clear and practical guidance on evidentiary issues.

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$349.00
  • ISBN/ISSN: 978-1-77462-883-6
  • Status: Coming Soon
  • Cover: Hardcover

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Lifetime Access
  • ISBN/ISSN: 978-1-77462-884-3
  • Status: Coming Soon
This is for a new product being sold on a Final Sale basis. No returns will be accepted.

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ISBN
978-1-77462-886-6
Page Count
950
Publisher
Emond Publishing
Publication Date
March 2026
Status
Coming Soon
Subjects
Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • Updates to the digital evidence chapter addressing deepfakes and AI-modified content.  

  • Foreword by Justice David Doherty 

  • Check contributors in transmittal to list in features (we can get more information on what’s new from the author AQ) 

  • Witness chapters separated into 3 in depth chapters  

  • A chapter on judicial fact-finding with custom content for judges, written by Justice Renee M. Pomerance 

  • A chapter on digital evidence that examines authentication, best evidence rules, evidence tampering, and probative value 

  • Real-world case examples from across Canada that place evidentiary principles in a national context 

  • Practice tips sections that provide readers with years’ worth of trial experience 

  • Strategies and tactics to present evidence in court 

  • Chapter Summaries offering quick reviews of key evidentiary principles 

  • Maps and charts that offer a practical overview of evidentiary procedure 

Chapter 1: Introduction: Basic Concepts in the Law of Evidence
Chapter 2: From Evidence to Verdict: Confessions of a Judicial Fact-Finder
Chapter 3: Judicial Notice
Chapter 4: Opinion Evidence
Chapter 5: Circumstantial Evidence
Chapter 6: Hearsay
Chapter 7: Character Evidence
Chapter 8: The Evidence of a Witness: Assessment, Preparation, and Examination-In-Chief
Chapter 9: The Evidence of a Witness: Cross-Examination
Chapter 10: The Evidence of a Witness: Re-Examination and Reply
Chapter 11: Specific Types of Witnesses
Chapter 12: Confessions and Self-Incrimination
Chapter 13: Privilege
Chapter 14: Digital Evidence
Chapter 15: Documentary Evidence
Chapter 16: Identification Evidence
Chapter 17: Intersection of Proceedings

Modern Criminal Evidence has been cited in the following court cases:

  • R. v. Rioux, 2025 SCC 34

  • R. v. T.J.F., 2024 SCC 38
     

  • R v Castro Wunsch, 2023 ABCA 160

  • R v Courtorielle, 2023 ABKB 536
     

  • R. v Comin, 2022 BCSC 548
     

  • R. v. Richer, 2025 ONCA 439

  • R. v. Ordonio, 2025 ONCA 135

  • R. v. C.I., 2023 ONCA 576

  • R. v. Freedland, 2023 ONCA 386

  • R. v. Papasotiriou, 2023 ONCA 358

  • R. v. Grant, 2022 ONCA 337
     

  • Tanguay c. R., 2025 QCCA 1084 

  • Bellemare c. R., 2025 QCCA 822

  • R. c. St-Jean, 2025 QCCA 178

  • Hubert c. R., 2024 QCCA 1698

  • COURT OF APPEAL, 2024 QCCA 1567

  • R. c. Fera, 2024 QCCA 1377

  • S.J. c. R., 2024 QCCA 253

  • R. c. Robert, 2023 QCCA 379

  • Foomani c. R., 2023 QCCA 232

  • M.D. c. R., 2022 QCCA 915

  • Accurso c. R., 2022 QCCA 752

  • R. c. Lufiau, 2022 QCCA 508
     

  • R v MAM, 2025 NSPC 1

  • R. v. Chaisson, 2024 NSSC 418

Chapter 1: Introduction: Basic Concepts in the Law of Evidence (coming soon)

“It addresses what a lot of evidence texts lack: specific application to everyday criminal court issues.”

— Justice Scott N. Latimer

"This text will quickly become a valued clinical tool. It truly leaves no evidentiary stone unturned."

— Justice David H. Doherty

"This treatise comes to market with a ton of credibility. Its authors include some of the leading voices of the criminal bar on both sides of the aisle and one of the most universally respected and admired judges. It will quickly become a must-own and must-read book."

— Nader R. Hasan

"The breadth of the authors’ knowledge and experience no doubt helps to account for the balanced approach of the text and its depth of coverage...Modern Criminal Evidence is unique in its approach to interpreting the law of evidence in Canada in that it deftly straddles the line between academic treatise and practitioner’s handbook."

— Erin Dann, Embry Dann LLP

"Modern Criminal Evidence is an invaluable resource for students...It succinctly and accurately summarizes complex areas of law while providing valuable practice tips, summaries and checklists. For law professors using a “problem-based approach” in an introductory Evidence course, this book can usefully serve as either the course text or a key reference text."

— Dale Ives, Adjunct Professor, University of Western Ontario Faculty of Law

With credibility and reliability—in literary equivalence—they have, by manifold keystrokes, replied. Memorialized in 762 pages, their answer is comprehensive, thorough, and unique. Modern Criminal Evidence triumphs in consummately articulating principles, rules, procedure and practice which should govern and inform “a modern criminal trial” (p. 410).

Modern Criminal Evidence (MCE) is the seventeenth title (the other 16 presently in first, second or third edition) published by Emond Montgomery in its ‘Criminal Law Series’. The series, which includes two Walter Owen Book Prize recipients, is supervised by two Toronto general editors: ubiquitous barrister Brian H. Greenspan and Justice Vincenzo Rondinelli.

As listed in MCE, its five marquee authors are: Matthew Gourlay, often appellate counsel in Ontario and Supreme Court of Canada, and partner at Henein Hutchison LLP, Toronto; Brock Jones, Crown Attorney, Scarborough (youth justice team director) and now sitting in Ontario Court of Justice; Jill Makepeace, criminal trial and appellate counsel, and partner in Greenspan Humphrey Weinstein LLP, Toronto; Glen Crisp, Assistant Crown Attorney (Guns and Gangs Unit), Toronto, and Justice Renee Pomerance, formerly a Crown Attorney, international inquiry counsel and as a member of Ontario Superior Court of Justice, the Local Administrative Judge, Windsor. There, she presided in 2023 and 2024 at precedents-setting R. v. Veltman (see, e.g., 2024 ONSC 1054 (CanLII)).  Since July 2024 she has been a member of Ontario Court of Appeal.

Read full review here

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