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Law Notes Criminal Law Notes

Criminal Law Case Summaries Notes

Updated Criminal Law Case Summaries Notes

Criminal Law Notes

Criminal Law

Approximately 33 pages

Concise outline of criminal law principles: both procedural and substantive law....

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Case Key Facts Framework Developed Stands for:
Amato Can create new defences in CL.
Arviv Depriving acc of a prelim inquiry does not prima facie violate s. 7 of the CH but it might result in an acc being unable to make full answer and defence at his trial, contravening s. 7 and enabling the trial judge to fashion a remedy under s. 24(1).
Bedford Application of Oakes test and harm based argument to find that laws pertaining to sex work are unconstitutional and not justified via s. 1.
Borde and Hamilton Black male youth, firearms offence Potentially broaden scope of 718.2 e) to include other racially oppressed groups and issues of intersectionality.
Boucher

-leading case on the role of a crown prosecutor

-Crown is expected to not to make an arrest or press charges if there is a reasonable doubt of guilt, to objectively put law and all of the relevant evidence before the jury and perceive duty as a matter of public service and justice, not about obtaining a conviction
Boudreau

Standard for admitting confessions thru CL is voluntariness

(Ibrahim test-founded on reliability more than fairness). Gives PO broad power- issue is

if PO behaviour deprived acc of operating will.
Bray Reverse onus in terms of pre-trial release does not violation s. 11(e) and if it did it is justifiable under s. 1.
Brown Black basketball player pulled over Acknowledged systemic racism in the justice system. Set a standard for est that a detention is unreasonable on basis of racial profiling: D needs to prove that there was no articulable cause.
Brydges D not told about legal aid, waives right to counsel 10(b) includes right to have access to legal aid counsel and detainee must be informed of existence of this right for 10(b) to be met. Waiver of right to counsel not complete unless acc fully understands consequences.
Buhay

More specific criteria around 2nd and 3rd arms of the Collins test:

2nd arm- seriousness of breach -good faith, urgency, obtained by other means, level of invasiveness

3rd arm- admission of evidence would bring admin of justice into disrepute- analysis of seriousness of offence and level of importance of evidence for the Crown.

 Developed more specific criteria around the 2nd and 3rd arms of the Collins test.
Canadian Foundation

Other principles for assessing vagueness:

-Is there social consensus?

-Is it a familiar legal concept?

-Does it delineate a zone of criminality?

 Leading case on vagueness in addition to NS Pharmaceutical.
Clarkson Drunk D shoots husband and confesses while drunk Sets a high, subjective test for waiving right to counsel. Acc cannot waive 10(b) rights while intoxicated. A confession is inadmissible if the acc is in a state of mind which precludes them from considering the consequences. PO must wait until the acc is sober.
Clayton POs called about “black guys” in parking lot Signifies shift in scope of PO power of investigative detention from pre-Simpson. Mann is extended broadly- scope of power is determined contextually.
Clouthier v. Langlois D gets frisked, issue if it is justified

Outlines requirements for a lawful search:

-power does not impose a duty (not always necessary, police must assess circumstances and exercise discretion of whether to search); -must be for valid objectives in pursuit of crim justice (ensuring officer’s safety, to search for evidence) and not for intimidation, must not be abusive.

 Outlines parameters for lawful search but framework is broad in terms of PO power- POs have power to search and seize items from acc’s immediate surroundings.
Collins

- In determining whether the admission of evidence could bring the administration of justice into disrepute, there are 3 ?s to consider:

1. Would admitting the evidence adversely affect the fairness of the trial?

2. How serious was the CH violation?

3. Would the exclusion of the evidence bring the administration of justice into disrepute?

 Established traditional approach to the exclusion of evidence- set up 3 questions for judges’ consideration (old rules).
Edwards & Belnavais -girlfriend’s home searched Signals cts shift in determining REP: not much protection of territorial.
Frey v. Fedoruk Cannot create CL offences.
Gladue -drunk FN woman kills husband Gives clarity to s. 718. 2 e) in that it recognized overrepresentation of FN in prisons which should guide sentencing of FN offenders. Sentencing remains individual process- case is not integrated.
Golden -strip searches at woman’s prison

Distinguished strip searches from other physical searches and suggested framework for their legal use:

-not incidental to arrest- must be reasonable and probable grounds

-only to be used for the purpose of discovering weapons or evidence related to the reason for the arrest

-PO should consider and attempt to minimize degrading nature

 Distinguished strip searches from other physical searches and creates framework in which they can be legally used. Power to search incidental to arrest (Clouthier) does not encompass strip search; PO must establish that they have reasonable grounds.
Grant D questioned on sidewalk, issue if he is detained or not

3 modes of inquiry for assessing exclusion of evidence post-Collins:

i. seriousness of CH infringing state conduct (akin to 2nd arm of Collins, good faith vs bad, nature of evidence (statements unreliable)

ii. impact of breach on CH interests of accused (factors relating to nature of evidence; formerly relevant to 1st arm of Collins, how it affects trial fairness)

iii. society’s interests in an adjudicating the case (somewhat akin to 3rd arm of Collins, but preference of truth more important than how evidence was obtained, reliability of evidence, importance of evidence to prosecution, integrity of justice system).

-Defined detention as where acc is deprived of liberty and feels choice does not exist. 2 variants: actual legal compulsion and psychological detention.

-Psychological detention...

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