Introduction to Criminal Law (1:I)

This chapter provides a reference for LSLAP clinicians to assist and advise clients through each step of the criminal justice process. It highlights the procedures and issues clinicians commonly face in representing clients in criminal proceedings, sets out the relevant substantive law to assist students in preparing for trial, and includes practice recommendations for clinicians. However, it is highly recommended that any clinician proceeding with a criminal file refer to this chapter alongside the LSLAP Guide to Criminal Defence Work 2013.

A. Governing Legislation and Resources

Resources

• David Watt & Michelle Fuerst, eds, Tremeear’s Criminal Code, 2015 ed (Toronto: Carswell, 2015).
• Edward L Greenspan, QC& Marc Rosenberg, eds, Martin’s Annual Criminal Code, 2014 ed (Aurora: Canada Law Book Inc, 2014).
• Eugene E Ewaschuk, Criminal Pleadings and Practice in Canada, 2d ed (Toronto: Canada Law Book, 1988).
• Peter K McWilliams & S Casey Hill, McWilliam’s Canadian Criminal Evidence, 4th ed (Toronto: Canada Law Book, 2003).
• David Watt, Watt’s Manual of Criminal Evidence (Toronto: Carswell, 1998).
• R Paul Nadin-Davis & Clarey B Sproule, eds, Canadian Sentencing Digest Quantum Service (Toronto: Carswell, 1988) (also available on e-carswell).
• Francis Lewis Wellman, Art of Cross-Examination With the Cross-Examinations of Important Witnesses in Some Celebrated Cases (New York: Collier Books, 1903).
• Earl J Levy, Examination of Witnesses in Criminal Cases, 3d ed (Toronto: Carswell, 1994).
• Thomas A Mauet, Donald G Casswell, & Gordon P MacDonald, Fundamentals of Trial Techniques (Toronto: Little, Brown, 1995).
• Christopher Bentley, Criminal Practice Manual: a Practical Guide to Handling Criminal Cases(Scarborough, Ont: Carswell, 2000).

Relevant Statutes

• Criminal Code,RSC, 1985, c C-46.
• Controlled Drugs and Substances Act,SC 1996, c 19(if drug offence).
• Canada Evidence Act, RSC, 1985, c C-5.
• Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982 being Schedule B to the Canada Act 1982 (UK), 1982, c. 11(particularly ss 7 – 14, 24 (1) and (2)).
• Identification of Criminals Act, RSC, 1985, c I-1.
• DNA Identification Act, SC 1998, c 37.

You probably seeing this word used in terms like substantive law, substantive issues, or substantive orders, and it is used to identify aspects of these things (be they laws, legal issues, or court orders) that deal with the legal rights and duties of the parties involved in a case. Substantive law defines and regulates the rights and obligations of individuals, as opposed to procedural law, which outlines the methods and means by which substantive law is made and administered. In family law, substantive issues often involve matters such as guardianship and parenting arrangements relating to children, support, and the division of property. A substantive order from a judge will be a decision about a substantive issue, versus a procedural order which will be about how steps in the litigation should.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

The abbreviation of "Queen's Counsel." Under the reign of Her Majesty Queen Elizabeth II, QC was an honour often, but not invariably, granted to lawyers of particular excellence, and could also be granted for other reasons such as service to the legal community, the public or a political party. Since the passing of Her Majesty and the succession of His Majesty King Charles III, the recipients of this honour, past and present, are called King's Counsel, abbreviated as KC.