Civil and Administrative Litigation Opinions for Self-Reppers
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CriminalRELATED TOPICS Criminal cases are also likely to prompt involvement of the Charter, especially s.7-14 - and Private Prosecutions are addressed separately. THIRD-PARTY RESOURCES Criminal Law Notebook ALPHABETICAL LIST ABUSE OF PROCESS Criminal - Abuse of Process ACTUS REUS Criminal - Actus Reus ADJOURNMENTS Criminal - Adjournments ADULT THERAPEUTIC COURT Criminal - Adult Therapeutic Court AMICUS CURIAE Criminal - Amicus Curiae APPEALS Many of the appeal issues listed below also apply in civil cases. Sometimes I link to the civil versions of the topics as they may have principles useful to the criminal context. Common Grounds of Appeal (Criminal) Criminal - Appeals - Failure to Object Criminal - Appeals - Inadequate Reasons Criminal - Appeals - Unreasonable Verdict Criminal - Appeals - Inconsistent Verdict Criminal - Appeals - Ineffective Assistance of Counsel Criminal - Appeals - Miscarriage of Justice Criminal - Appeal - Dismissal Where Error Immaterial [CCC 759(3)] Criminal - Appeal - Facts-Based Common Grounds of Appeal (Civil) Appeal - Common Grounds of Appeal (Civil). Fresh Evidence Criminal - Appeals - Fresh Evidence (+) Appeals - Evidence on Appeal (Civil) [LINKED from /appeal (the civil version)] Curative Proviso Criminal - Appeals - Curative Proviso [CCC 686] Criminal - Appeals - CCC 686(1)(a,b) Crown Appeal Criminal - Appeals - Crown Appeal from Acquittal Powers on Appeal (Remedies) Criminal - Appeals - Powers on Appeal [CCC 686] Criminal - Appeals - Remedy Summary Proceedings Criminal - Appeals - Summary Conviction Appeals Sentencing Criminal - Appeals - Sentencing Re-openings Criminal - Appeals - Re-Opening (+) [LINKED from /review] Reviews - Re-opening (Civil) [LINKED from /review (vil version)] Standard of Review (SOR) Criminal - Sentencing - Standard of Review (SOR) Other Criminal - Appeals - Bail Pending (+) Criminal - Appeals - Bail Review Criminal - Appeals - New Trial Criminal - Appeals - Change in Law Criminal - Appeals - Practice Criminal - Appeals - 'Special Commissioner' [CCC 683(1)(e)] Criminal - Appeals - Fresh Law [LINKED from /review] APPLICATIONS Criminal - Corbett Applications (Admissibility of Criminal Records) [#EVIDENCE] Criminal - Pollock Applications Criminal - Summary Dismissal of Application ARREST Criminal - Arrests (Warrant and Warrantless) Criminal - Warrantless Arrest (+) Criminal - Justified Police Force [CCC 25(4)] ASSAULT Criminal - Domestic Assault Criminal - Aggravated Assault ATTEMPT Criminal - Attempt BORDER CONTROL Criminal - Border Control BREACH OF TRUST Criminal - Breach of Trust by a Public Officer [CCC s.122] CERTIORARI Criminal - Certiorari CIVIL DECLARATIONS Criminal - Civil Declarations COMMON LAW Criminal - Common Law CONFESSIONS Criminal - Confessions CONFIDENTIAL INFORMANT Criminal - Confidential Informant CONSPIRACY Criminal - Conspiracy CORPORATIONS AND ORGANIZATIONS Criminal - Remediation Agreements COUNTS Criminal - Amending Counts Criminal - Severance of Counts COURTS OF JUSTICE ACT, APPLICATION TO CRIMINAL |||Application of Part VII of the CJA [Courts of Justice Act, s.95(2) (Ont)] [#COURTS] CRIMINAL NEGLIGENCE Criminal - Criminal Negligence "CRIMINAL ORGANIZATIONS" Criminal - "Criminal Organization" [s.467.1] CRIMINAL PROCEEDINGS RULES Criminal - Criminal Proceedings Rules (CPR) Criminal Proceedings Rules for the Superior Court of Justice (Ontario) [these Rules may not be up-to-date] DANGEROUS DRIVING Criminal - Dangerous Driving DEFENCES Criminal - Ignorance of the Law Criminal - Automatism Criminal - Defence of Necessity Criminal - Kienapple Principle Criminal - Defence - Duress Criminal - Entrapment Criminal - Officially-Induced Error Criminal - Defence - 'Accident' Criminal - Defence - 'Third-Party Protection' Criminal - Mistake Criminal - Self-Defence Criminal - Defence Need Not be Based on Evidence DEFINITIONS Criminal - 'Accident' Criminal - 'Violence' DETENTION Criminal - Detention DISCLOSURE Criminal - Disclosure DOUBLE JEOPARDY Criminal - Double Jeopardy DRUGS Criminal - Drugs - Importation DRUNK DRIVING Criminal - Drunk Driving ELECTIONS Criminal - Elections ESTOPPEL Criminal - Estoppel EXTRADITION Criminal - Extradition Criminal - Extradition - Charter FIREARMS Criminal - Firearms FRAUD Criminal - Fraud FUNCTUS OFFICIO Criminal - Functus Officio GUILTY PLEAS Criminal - Guilty Pleas HATRED Criminal - Hatred HUMAN TRAFFICKING Criminal - Human Trafficking INCHOATE Criminal - Inchoate Offences INCLUDED OFFENCES Criminal - Included Offences INDIGENOUS Criminal - Gladue (Indigenous Defendant) (+) [#INDIGENOUS] INTERCEPTION OF PRIVATE COMMUNICATIONS Criminal - Interception of Private Communications JURIES Criminal - Juries Criminal - Jury Charge (+) Criminal - Jury Charge - W.D. Criminal - Jury Charge - 'Rolled-Up' Charge Criminal - Jury Charge - Laboucan Criminal - Jury - Vetrovec Caution Criminal - Jury - Cross-Count Propensity Reasoning Criminal - Jury Charge - Propensity Reasoning Criminal - Jury Selection Criminal - Jury - Discharging a Juror Criminal - Jury - Evidence Allowed into Jury Room Criminal - Juries - Pre-Charge Conferences Criminal - Juries - Closing Arguments Criminal - Juries - 'Automatic Publication Ban' [CCC 648] Criminal - Jury - Questions From Jury Criminal - Jury - 'Air of Reality' Criminal - Jury Inquiry Criminal - Jury - Mayuran Instructions Criminal - Jury - Impartiality Criminal - Jury Charge - Anti-bias Criminal - Jury - Bias LANGUAGE Criminal - Language (+) MANSLAUGHTER Criminal - Manslaughter MENS REA Criminal - Mens Rea (+) Criminal - Mens Rea - Wilful Blindness Criminal - Mens Rea - Recklessness Criminal - Mens Rea - Transferred Intent MENTAL DISORDER Criminal - Mental Disorder MERCY, ROYAL PREROGATIVE OF Criminal - Royal Prerogative of Mercy MISCARRIAGE OF JUSTICE Criminal - Miscarriage of Justice MISTRIALS Criminal - Mistrial MONEY LAUNDERING Criminal - Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) MURDER Criminal - Murder Criminal - Murder - First Degree Criminal - Murder - Provocation Criminal - Murder - Intoxication MURDER, ATTEMPTED Criminal - Attempted Murder MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT Mutual Legal Assistance in Criminal Matters Act NECESSARIES OF LIFE, FAILURE TO PROVIDE Criminal - Necessaries of Life, Failure to Provide NOT CRIMINALLY RESPONSIBLE (NCR) Criminal - NCR - General Criminal - Ontario Review Board Criminal - NCR (Barwhani) Criminal - NCR - High-Risk Accused (HRA) Criminal - NCR - Treatment Criminal - NCR - 'Restriction of Liberty' Criminal - NCR - 'Significant Threat to the Safety of the Public' Criminal - NCR - Reasons Criminal - NCR - Mootness Criminal - NCR - Gladue (Indigenous) Criminal - NCR - Detention Criminal - NCR - Appeals NON-DISCLOSURE ORDERS Criminal - Non-Disclosure Orders ONTARIO COURT OF JUSTICE |||Jurisdiction of Ontario Court of Justice [Courts of Justice Act, s.38 (Ont)] [#COURTS] OPEN COURT See the Open Court topic [LINKED from /Open-Court] "ORDINARY PERSON" Criminal - "Ordinary Person" PARDONS Criminal - Pardons PARTIES Criminal - Parties - Joint Enterprise PRACTICE Criminal - Practice PRELIMINARY INQUIRY Criminal - Preliminary Inquiry PRE-TRIAL SCREENING Criminal - Pre-trial Screening PROPERTY FORFEITURE Criminal - Property Forfeiture REASONABLE DOUBT Criminal - Reasonable Doubt REASONABLE SUSPICION STANDARD Criminal - 'Reasonable Suspicion Standard' REASONS FOR DECISION Criminal - Reasons for Decision RE-OPENING Re-opening [LINKED from /review] REPRESENTATION Criminal - Court-Appointed Representation RE-TRIALS Criminal - Re-trials ROBBERY Criminal - Robbery RULES |||Criminal Rules Committee [Courts of Justice Act, s.69 (Ont)] [#COURTS] |||Criminal rules [Courts of Justice Act, s.70 (Ont)] [#COURTS] SEARCHES Criminal - Search Warrants (+) Criminal - Warrantless Searches Criminal - Safety Searches Criminal - Wiretap (+) Criminal - DNA Testing Criminal - Search Incident to Arrest SENTENCING Sentencing Principles Criminal - Sentencing - General Principles (+) Criminal - Sentencing - 'Totality Principle' Criminal - Sentencing - 'Jump Principle' Criminal - Sentencing - Proportionality Criminal - Sentencing - Concurrent-Consecutive Criminal - Sentencing - Parity Criminal - Sentencing - Changing Penalties and Attitudes Criminal - Sentencing 'Range' Sentencing Factors Criminal - Sentencing - CCC s.718 Factors Criminal - Sentencing - Immigration Consequences Criminal - Sentencing - Collateral Consequences Criminal - Sentencing - Criminal Record Criminal - Sentencing - 'True Crime' Criminal - Sentencing - Guilty Pleas Criminal - Sentencing - Deterrence Criminal - Sentencing - Remorse Criminal - Sentencing - Subsequent Convictions Criminal - Sentencing - Victim Impact Statement (VIS) Criminal - Sentencing - Rehabilitation Criminal - Sentencing - Mental Illness Criminal - Sentencing - Social Context Criminal - Sentencing - Physical Handicap Criminal - Sentencing - Restraint Criminal - Sentencing - 'Other Offences' [CCC s.725] Criminal - Sentencing - Public Policy Criminal - Sentencing - Age Criminal - Sentencing - Family Consequences Specific Offences/Situations Criminal - Sentencing - Attempted Murder Criminal - Sentencing - Dangerous Offender (+) Criminal - Sentencing - Sex Offenders (+) Criminal - Sentencing - Sex Offenders - Child Criminal - Sentencing - Prohibition Orders (Sex Offences) [CCC 161] Criminal - Sentencing - Youths (YCJA) Criminal - Sentencing - Firearms Criminal - Sentencing - Murder Criminal - Sentencing - Fraud Sentencing at a Jury Trial Criminal - Sentencing - Jury Trial Forfeiture of Property Criminal - Sentencing - Forfeiture of Property Other Criminal - Sentencing - Appeals Criminal - Sentencing - COVID Criminal - Sentencing - Pre-Sentence Report Criminal - Sentencing - Credits (+) Criminal - Sentencing - Mandatory Minimum Criminal - Sentencing - Joint Submissions Criminal - Sentencing - Parole Eligibility Criminal - Sentencing - Victim Surcharge Criminal - Sentencing - Conditional Sentencing Criminal - Sentencing - Where Substituted Conviction Criminal - Sentencing - Absconding Criminal - Sentencing - Gardiner Hearing Criminal - Sentencing - Probation Criminal - Sentencing - 'Sentencing Ranges' Criminal - Sentencing - Judge Exceeding Crown Criminal - Sentencing - Remedy SEVERANCE Criminal - Severance Between Defendants [see also COUNTS, for 'Severance of Counts'] SEX OFFENCES Criminal - Sexual Assault (+) Criminal - Sexual Offences - Consent Criminal - Voyeurism Criminal - Sexual Exploitation Criminal - Child Luring (+) Criminal - Sexual Interference Criminal - Sex Offender Information Registration Act (SOIRA) Criminal - Child Pornography Criminal - Child Sex Arrangement Criminal - Evidence of Sexual Activity (+) Criminal - Sex Commodification Criminal - Sex Offences - Committed Abroad Criminal - Child Sex Offences SILENCE, RIGHT TO Criminal - Right to Silence STANDARD OF PROOF Criminal - Standard of Proof STAYS Criminal - Stays SUICIDE Criminal - Suicides SUMMARY DISMISSAL Criminal - Summary Dismissal THIRD-PARTY SUSPECTS Criminal - Third-Party Suspects TRAFFICKING IN PERSONS Criminal - Trafficking in Persons TRIALS Criminal - Trial - General Criminal - Trial Management Criminal - Trial - Crown Reply Criminal - Joint Trials Criminal - Trial - Mandatory Attendence by Defendant VICARIOUS LIABILITY Criminal - Vicarious Liability VOLUNTARINESS Criminal - Voluntariness WOUNDING Criminal - Wounding YOUTH CRIMINAL JUSTICE ACT (YCJA) Criminal - Youth Criminal Justice Act (YCJA) (+) ONTARIO STATUTES Prevention of and Remedies for Human Trafficking Act, 2017 Prohibiting Profiting from Recounting Crimes Act, 2002 Victims' Bill of Rights, 1995 Bail Act Christopher's Law (Sex Offender Registry), 2000 Crown Attorneys Act Fines and Forfeitures Act FEDERAL STATUTES Anti-terrorism Act Canadian Victims Bill of Rights Contraventions Act Controlled Drugs and Substances Act Criminal CodeCriminal Code RegulationsCriminal Records Act Director of Public Prosecutions Act DNA Identification Act Expungement of Historically Unjust Convictions Act Extradition Act High Risk Child Sex Offender Database Act [Not in force] Identification of Criminals Act International Transfer of Offenders Act Internet child pornography by persons who provide an Internet service, An Act respecting the mandatory reporting of Justice for Victims of Terrorism Act Mutual Legal Assistance in Criminal Matters Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Cross-border Currency and Monetary Instruments Reporting Regulations (SOR/2002-412) . Financial Consumer Protection Framework Regulations (SOR/2021-181) . Financial Transactions and Reports Analysis Centre of Canada Assessment of Expenses Regulations [Not in force] (SOR/2023-195) . Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations (SOR/2007-292) . Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations (SOR/2007-121) . Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (SOR/2002-184) . Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations (SOR/2001-317)Sex Offender Information Registration Act Witness Protection Program Act Youth Criminal Justice Act
Criminal Code Regulations
. Cross-border Currency and Monetary Instruments Reporting Regulations (SOR/2002-412) . Financial Consumer Protection Framework Regulations (SOR/2021-181) . Financial Transactions and Reports Analysis Centre of Canada Assessment of Expenses Regulations [Not in force] (SOR/2023-195) . Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations (SOR/2007-292) . Proceeds of Crime (Money Laundering) and Terrorist Financing Registration Regulations (SOR/2007-121) . Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (SOR/2002-184) . Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations (SOR/2001-317)
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