Canadian Criminal Procedure and Practice

This book is a reference for practitioners, police officers, and law students who need a convenient way to look up legislation, principles, and case law. The reader is assumed to already have a knowledge of criminal law.

There is no guarantee whatsoever as to the accuracy, completeness, or currency of the information provided in this or any other companion text. Nothing here should be taken as legal advice.

For recent developments on these series of books see News on Canadian Criminal Law series.

CAUTION: this wikibook ceased active development in 2012. A more up-to-date branch of this text can be found at http://criminalnotebook.ca. 

Contents

• Introduction

Police Investigation

• Arrest and Detention
  • Investigative Detention
  • Warrant Arrests
  • Warrantless Arrests
  • Arrest Procedure
    • Right to Counsel
  • Exclusion of Evidence
  • Waiver of Charter Rights
• Search and Seizure
  • Rights against Search and Seizure
  • Reasonable Expectation of Privacy
  • Warrantless Searches
    • Search by Consent
    • Search Incident to Detention
    • Search Incident to Arrest
    • Search for Abandoned Property
    • Search in Plain View
    • Exigent Circumstances
  • Warrant Searches
    • Execution of Warrants
  • Types of Search Warrants
    • Bodily Samples
    • Wiretaps
    • CDSA Warrants
    • Foreign Warrants
  • Seizure of Property
  • Exclusion of Evidence
  • Waiver of Charter Rights

Counsel

• Role of the Crown and Defence
• Disclosure
  • Third Party Records
  • Demand for Particulars
  • Production Orders

Court Proceedings

• Jurisdiction
• Types of Offences
  • Election
• Informations and Indictments
  • Charges
• Pleas
• Pre-Trial and Trial Motions
  • Case Management Hearings
  • Applications and Motions Procedure
  • Adjournments
  • Public and Media Restrictions
  • Change of Venue
  • Withdraw and Dismissal of Charges
  • Stay of Proceedings
    • Delay of Proceedings
  • Peace Bonds
  • Mandamus, Certiorari, and Prohibition
  • Habeas Corpus
  • Challenging Legislation
  • Costs
• Preliminary Inquiry
• Trials
  • Trial Process
  • Representation at Trial
  • Accused at Trial
  • Opening and Closing Submissions
  • Calling of Witnesses
  • Examinations
  • Role of Trial Judge
  • Juries
    • Selection
    • Instructions
  • Weighing Evidence
  • Verdicts
• Appeals
  • Indictable Offence Appeals
  • Summary Offence Appeals
  • Standard of Review
• Mental Illness
  • Fitness to Stand Trial
  • Not Criminally Responsible

Appendix

• Readings
• Cases
• Search Warrant Chart
• Motions Chart
• Re-Elections Table
• Model Examinations