ISBN: 9781552214909

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Criminal Law, 7/e

Since 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 seventh edition of Criminal Law has been thoroughly updated to include new developments such as the interaction of the legal rights in the Charter with the reasonable limits provision in section 1 of the Charter in R v KR, disagreements between the Ontario Court of Appeal and the Manitoba Court of Appeal about whether the exclusion of murder from the offence of duress can be justified, new developments in the offence of infanticide, and the relation of the due diligence defence to statutory standards.

The discussion of provocation has been updated and simplified to take into account the Supreme Court’s and Parliament’s recent restriction on the controversial defence. This new edition also has been revised to include important decisions from the Alberta and Nova Scotia Courts of Appeal and Parliament’s enactment of Bill C-51, which makes several changes to sexual assault offences.

Contributors

Kent Roach

Kent Roach, CM, FRSC, is a professor of law at the University of Toronto, where he holds the Prichard-Wilson Chair in Law and Public Policy. In 2002, he was elected a Fellow of the Royal Society of Canada by his fellow academics and in 2015 was appointed a member of the Order of Canada. In 2013, he was awarded a Trudeau Fellowship and in 2017 the Canada Council awarded him the Molson Prize for his contributions. He has taught criminal law since 1989 and been editor-in-chief of the Criminal Law Quarterly since 1998. He is the co-editor of Cases and Materials on Criminal Law and Procedure, numerous collections of essays and thirteen 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); and (with Craig Forcese) False Security: The Radicalization of Canadian Anti-Terrorism (winner of the 2016 Canadian Law and Society book prize). Professor Roach has served as research director of the Commission of Inquiry into the Bombing of Air India and the Goudge Inquiry into Forensic Pathology and was volume lead on the Truth and Reconciliation’s Commission volume of the legacy of Residential Schools for Indigenous children. 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; and Sauve on prisoner voting rights.

Chapter Title Contents Contributors Pages Year Price

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Overview of Canadian criminal law including a description of the criminal process, sources of criminal law, criminal offences and defences, and sentencing. 24 $2.40

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Examination of the criminal law in relation to constitutional division of powers and to the Charter of Rights. 67 $6.70

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Analysis of the concept of actus reus, including discussions of mistake, ignorance of the law, officially induced error, consent, causation, omissions, and voluntariness. 51 $5.10

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Examination of attempts, conspiracy, counselling, aiding and abetting, common intention to carry out an unlawful purpose, and being an accessory. 41 $4.10

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Analysis of the concept of mens rea, including discussions of subjective and objective fault elements, common law presumptions, mistake of fact, intent and motive, wilful blindness, and recklessness. 56 $5.60

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Examination of offences of strict and absolute liability, vicarious liability, and mens rea offences by corporations. 35 $3.50

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Examination of the defence of intoxication for specific intent and general intent offences. 9 $0.90

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Analysis of the procedural and policy considerations associated with the defences of mental disorder and automatism, and the circumstances allowing such defences to be invoked. 41 $4.10

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Examination of self-defence and the defence of others, the defence of property, and the defences of necessity and duress. 70 $7.00

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Examination of how general principles of criminal liability apply to certain specific offences, including homicide offences, sexual assault, theft and fraud, and terrorism offences. 119 $11.90

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Examination of sentencing, including principles and purposes, procedural and constitutional considerations, aggravating and mitigating factors, and alternatives to imprisonment. 32 $3.20

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Review of the evolution of and trends in Canadian criminal law, particularly in respect of the effect of the Charter. 26 $2.60

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Glossary of terms related to basic principles of criminal law. 6 $0.60