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Criminal Law

Eighth Edition

New!

Since the publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly regarded titles in Irwin Law’s Essentials of Canadian Law series. Professor Roach’s account of the current state of substantive criminal law in Canada has become essential reading not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system.

The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties.

The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court’s first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court’s striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility.

Contributors

Kent Roach

Kent Roach, CM, FRSC, is a professor of law at the University of Toronto. He formerly served as a law clerk to the late Justice Bertha Wilson. He has been editor-in-chief of the Criminal Law Quarterly since 1998. In 2002, he was elected a Fellow of the Royal Society of Canada by his fellow academics. In 2015, he was appointed a member of the Order of Canada. In 2017, the Canada Council awarded him the Molson Prize for his career contributions to social sciences and the humanities. He is the co-editor of Cases and Materials on Criminal Law and Procedure and numerous collections of essays, and the author of seventeen books, including Constitutional Remedies in Canada (winner of the 1997 Walter Owen Book Prize); Due Process and Victims’ Rights: The New Law and Politics of Criminal Justice (shortlisted for the 1999 Donner Prize); The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (shortlisted for the 2001 Donner Prize); (with Robert J. Sharpe) Brian Dickson: A Judge’s Journey (winner of the 2003 Defoe Prize); The 9/11 Effect: Comparative Counter-Terrorism (co-winner of the 2012 Mundell Medal); (with Craig Forcese) False Security: The Radicalization of Canadian Anti-Terrorism (winner of the 2016 Canadian Law and Society book prize); and Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case (finalist for the 2019 Shaughnessy Cohen prize for political writing). He is the author (with Robert J Sharpe) of the Canadian Charter of Rights Freedoms volume in Irwin’s Essentials in Law series with a 7th edition published in 2021. His most recent books are Remedies for Human Rights Violations, published by Cambridge University Press in 2021, and Canadian Policing: Why and How it Must Change, published by Delve Publishing and Irwin Law in 2022. Professor Roach has served as research director of the Commission of Inquiry into the Bombing of Air India, the Goudge Inquiry into Forensic Pathology, the Independent Review of the Toronto Police’s Missing Person Investigations, which resulted in Missing and Missed (2021), and the Criminal Cases Review Commission Consultations, which resulted in A Miscarriages of Justice Commission (2021). He was also volume lead on the Truth and Reconciliation Commission’s volume five on the legacy of Residential Schools for Indigenous children, which was published in 2015. Acting pro bono, he has represented civil liberties and Indigenous groups in interventions before the Supreme Court, including in Golden and Ward on strip searches; Khawaja on terrorism; Latimer on mandatory sentencing; Gladue, Ipeelee, and Anderson on sentencing Indigenous offenders; Sauve on prisoner voting rights; and Williams and Chouhan on jury selection.
Chapter Title Contents Contributors Pages Year Price

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Included in the preface is a brief forward by Martin L Friedland, Professor of Law and University Professor Emeritus at the University of Toronto. Also included in the preface is an outline for … 4 $0.40

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This introductory chapter included an overview of crime in Canada, victims of crime, as well as the criminal process in Canada including criminal offences, legislature, Actus Reus and Mens Rea, … 24 $2.40

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This chapter discussed how constitutional law plays a role in criminal law. The author discussed the federal jurisdiction over criminal law as determined by the Constitution Act, 1867 which also … 72 $7.20

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This chapter discussed Actus Reus, or the prohibited act. Topics included in the chapter are voluntariness of the act, prohibited causes and consequences, omissions, sexual offences including … 52 $5.20

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This chapter discussed criminal liability for attempts of a crime, conspiracy to perform a crime, and working with others in performing a crime, including aiding and abetting, common intention, … 43 $4.30

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In this chapter the author discussed Mens Rea and the related fault elements. Included in this chapter are the various forms of subjective and objective Mens Rea as well as mistake of fact. 60 $6.00

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This chapter discussed regulatory offences which protect the public from harm and may be applied to corporations. Topics in this chapter included absolute, vicarious, and strict liability … 37 $3.70

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This chapter examined intoxication as a criminal defence. The author used examples from case law in particular DPP v Beard, R v Leary, R v Daviault to discuss the kinds of intoxication defences. 37 $3.70

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This chapter examined mental disorder and automatism as a defence of a criminal act. Topics include unfitness to stand trial, burden of proof, M’Naghten’s Case, mental disorder of … 42 $4.20

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This chapter discussed defences that may be present when the accused faces external threats, including self-defences, necessity and duress. The author discusses these defences as they are … 74 $7.40

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This chapter discussed serious criminal offences including homicide, sexual assult, property and terrorism offences. Related offences discussed in this chapter include murder, first-degree … 94 $9.40

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This chapter discussed sentencing in Canadian courts. Topics in this chapter include prosecutorial discretion, the guilty plea, the sentencing hearing and appeals, the principles of sentencing, … 38 $3.80

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In this conclusion the author discussed how the Canadian Charter of Right and Freedoms has changed criminal law in the country. Additionally, the author provided insight to the trends and ongoing … 31 $3.10

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A glossary of terms. 7 $0.70