Annual Review of Criminal Law 2018
ISBN/ISSN/Product Number: 978-0-7798-9009-5
Product Type: Book S.O. Annual/biannual/biennial
Anticip. Upkeep Cost: Annual volumes supplied on standing order subscription
Number of Pages: Approximately 450 pages
Number of Volumes: 1 volume bound
Binding: hardcover
Publication Date: 2019-07-10
Publisher: Carswell
Price: $227.00

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An analysis of the most significant case law and statutory developments in 2018 and their impact on the practice of criminal law in Canada.

The authors, who have written extensively on criminal law, procedure, and sentencing draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments in 2018, detailing how they impact the practice of criminal law in Canada. With the new edition of Annual Review of Criminal Law, it will be like having your own expert consultants to decipher the plethora of statutory and case law.


New in this edition

R. v. Shyback - carving out a new exception to settlement privilege for sentencing purposes

R. v. Jackson - extending Gladue framework to Canadians with African heritage

R. v. Suter - reaffirming the potential relevance of collateral consequences

R. v. Forcillo - upholding the mandatory minimum sentence for attempted murder with firearm

R. v. Dell & R. v. Cadman - competing views on constitutionality of amendments to faint hope provisions

R. v. Ndlovu - striking down automatic lifetime SOIRA registration

R. v. Boutilier - confirming constitutionality of amendments of DO designation regime

R. v. Antic, 2017 SCC 27, reaffirming the ladder approach to bail

R. v. Wong (2018), 47 C.R. (7th) 451, 364 C.C.C. (3d) 1 (S.C.C.) - clarifying the law around withdrawal of a guilty plea

R. v. Carson (2018), 45 C.R. (7th) 1 (S.C.C.) - explaining the offence of influence peddling

R. v. Magoon (2018), 45 C.R. (7th) 199, 361 C.C.C. (3d) 1 (S.C.C.) - dealing with first degree murder by reason of unlawful confinement

R. v. G.T.D. (2018), 43 C.R. (7th) 210, 359 C.C.C. (3d) 340 (S.C.C.), rev’g R. v. G.T.D. (2017), 355 C.C.C. (3d) 421 (Alta. C.A.) - clarifying duty to hold off in questioning.

Further patterns in the post-Jordan/Cody case law

R. v. Larue (2018), 47 C.R. (7th) 133 (Y.K.C.A.) - Court of Appeal splits on application of SCC decision regarding principled exception to the hearsay rule in R. v. Bradshaw, 2017 SCC 35, (2017) 38 C.R. (7th) 1, 349 C.C.C. (3d) 429

R. v. Hammerstrom (2018), 363 C.C.C. (3d) 430 (B.C.C.A.)- BC Court of Appeal examines conflict between s. 12 of the Canada Evidence Act and the Youth Criminal Justice Act

R. v. Untinen (2017), 355 C.C.C. (3d) 371 (B.C.C.A.) - Court of Appeal re-examines its own jurisprudence on video statements under s. 715.2 of Criminal Code

R. v. Allen (2018), 362 C.C.C. (3d) 509 (O.N.C.A.) - Ontario CA deals with fresh evidence applications regarding recanting witnesses

R. v. Lambert (2018), 363 C.C.C. (3d) 397 (N.L.C.A.)- NLCA look at “operating mind” voluntariness criterion for the common law confessions rule

R. v. Buckley (2018), 45 C.R. (7th) 372 (N.S.S.C.)- trial court rules that “Mr. Big” statement should be excluded

R. v. Bridgman (2017), 42 C.R. (7th) 460, 357 C.C.C. (3d) 213 (O.N.C.A.) - Fairburn J.A. explains the two branches of the “documents in possession” rule

R. v. R.V. (2018), 46 C.R. (7th) 309, 362 C.C.C. (3d) 434 (O.N.C.A.)- Court of Appeal finds decision to deny cross-examination of sexual assault complainant under s. 276 of the Criminal Code to have been in error

R. v. Skeete (2017), 357 C.C.C. (3d) 159 (O.N.CA.) - Court of Appeal considers admissibility of rap lyrics written by accused

About the Author
Steve Coughlan has been at Schulich School of Law, Dalhousie University since 1992, where he teaches criminal law and criminal procedure, among other subjects. He has received a number of awards for his teaching, including the Dalhousie Alumni Association Award of Excellence for Teaching and the Association of Atlantic Universities Distinguished Teacher Award. He is a co-editor of the Criminal Reports and of the National Judicial Institute's Criminal Law Essentials e-Letter. Prior to joining the faculty at Dalhousie he worked for the Law Reform Commission of Canada Criminal Procedure Project and for the Metro Community Law Clinic.

Michelle S. Lawrence is an Associate Professor with the Faculty of Law at the University of Victoria, where she is responsible for teaching and research in criminal law, sentencing, and evidence. She holds graduate degrees in law and criminology, including a LL.M. from the University of Cambridge and Ph.D. (Criminology) from Simon Fraser University. She completed her doctoral work as a Trudeau Scholar. Michelle previously practiced law in the Litigation Department of McCarthy Tétrault LLP. Her practice comprised a diverse range of matters, including criminal litigation, extradition proceedings, and regulatory prosecutions.

Robert J. Currie is Associate Professor and Director of the Law & Technology Institute at the Schulich School of Law, Dalhousie University. His teaching areas include international & transnational criminal law, law & technology, criminal law, evidence, procedure and advocacy, and he is a past winner of the Dalhousie Law Students' Society and Alumni Association Award for Excellence in Teaching. He has authored and co-authored a number of books and articles, and his scholarly work has been cited by the Supreme Court of Canada and other courts.