Rarotonga, 2010

Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
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Civil and Administrative
Litigation Opinions
for Self-Reppers

Simon's Favourite Charity -
Little Friends Lefkada (Greece)
Cat and Dog Rescue


TOPICS


Criminal


RELATED 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 Code
Criminal Code Regulations
Criminal 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

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Last modified: 20-11-24
By: admin