Criminal Law and Procedure: Cases and Materials is a longstanding bestseller that introduces Canadian law students to the entire criminal law process, from constitutional context and legislative decision-making through to police investigations, the determination of liability, and, ultimately, punishment. This casebook examines the operation of the criminal justice system within a broader societal and historical context. Weaving commentary, case law, and legislation together, this title will help students understand criminal law as the study of a complex social, legal, and institutional system.

This twelfth edition has been significantly revised to include updated legislation, extracts from new leading cases, and additional secondary and contextual readings that foreground the voices and experiences of those affected by the criminal legal system.

With thoroughly revised chapters on the foundations of criminal law, police powers, sexual assault, and punishment, students will learn about the evolution and interpretation of the Criminal Code; the impact of the Charter of Rights and Freedoms on criminal law and processes; gender-based and feminist analysis of criminal law; racism and the criminal process; and the role of treaties, Aboriginal rights, and Indigenous law in criminal (in)justice.

Criminal Law and Procedure: Cases and Materials, 12th Edition is an ideal resource for first- and second-year law school courses.

• Coverage of legislative changes, including the passage of Bill C-75
• Enriched discussion of treaties, Aboriginal rights, Indigenous law, and the impact of criminal law on Indigenous peoples
• New chapter on sexual assault, integrating analysis of R v Barton, R v Goldfinch, and R v RV
• Updated chapter on corporate criminal liability and regulatory liability that contextualizes case law and addresses the reluctance to prosecute corporations
• New chapter on police powers, which includes enhanced discussion of racial profiling, police carding policies, developments in search and seizure, and leading cases like R v Le
• Updated section on statutory interpretation of the Criminal Code
• Updated sections on fault, entrapment, and inchoate offences that discuss anti-terrorism laws and leading cases such as R v Ansari and R v Nuttal
• New chapter on sentencing and punishment that includes updates on mandatory minimum sentences, discussion of solitary confinement and prison conditions, and critiques of carceral responses to crime
• Discussion of legal ethics and professional responsibility in the context of a study of the trial process and miscarriages of justice
• New and fresh design that is easy for students to read

 

Part I: Introduction to Criminal Law and Procedure
1. Sources of Criminal Law
2. Limits on Criminal Law
3. Police Powers
4. The Trial Process

Part II: Principles of Criminal Liability
5. Conduct or Actus Reus
6. Absolute and Strict Liability
7. Fault or Mens Rea
8. Ignorance of the Law

Part III: Extensions of Criminal Liability
9. Participation
10. Inchoate Offences
11. Corporate Liability

Part IV: The Special Part: Sexual Assault and Homicide
12. Sexual Assault
13. Homicide

Part V: Principles of Exculpation
14. Provocation
15. Mental Disorder and Automatism
16. Intoxication
17. Self-Defence
18. Duress
19. Necessity

Part VI: Disposition
20. Sentencing

Chapter 1: Foundations for the Study of the Criminal Process

Instructor Resources

• PowerPoint Presentations
• Fact Patterns

PowerPoint Slides present high-level concepts and a jumping-off point for instructors to further customize for the needs of their course.

Fact Patterns are a collection of fictional scenarios that challenge students to consider various outcomes based on their understanding of legal principles.

For access to these free instructor resources, please contact instructor support.

Downloads

Supplement: 2021-2022