Canadian Criminal Law in Ten Cases

by Martin L. Friedland

Overview

Canadian Criminal Law in Ten Cases explores the development of criminal justice in Canada through an in-depth examination of ten significant criminal cases. Martin L. Friedland draws on cases that went to the Supreme Court of Canada or the Privy Council, including well-known cases such as those of Louis Riel, Steven Truscott, Henry Morgentaler, and Jamie Gladue.

The book addresses such issues as wrongful convictions, the enforcement of morality, Indigenous experiences with criminal law, bail and trial delay, and the impact of the 1982 Charter of Rights and Freedoms on the criminal justice system.

Friedland describes in a masterful way the factual background of each case and the political, social, and economic conditions of the time. Each character – the accused, judges, and counsel – is described in detail, as are the relevant laws and procedures. Friedland includes recommendations on how the criminal justice system can be improved, such as by creating a new federal commission devoted solely to criminal justice and by the enactment by Parliament of enhanced codes of evidence and criminal law and procedure.

Canadian Criminal Law in Ten Cases is an indispensable guide to understanding the criminal justice system for lawyers, students, and anyone interested in criminal law and the administration of criminal justice.

Product Details

ISBN-13:	9781487560225
Publisher:	University of Toronto Press
Publication date:	07/05/2024
Sold by:	Barnes & Noble
Format:	eBook
Pages:	286
File size:	3 MB

About the Author

Martin L. Friedland is a university professor of law emeritus at the University of Toronto.

Table of Contents

Preface

Introduction

1. Laliberté v. The Queen: The First Criminal Case Decided by the Supreme Court of Canada
2. Louis Riel and His Appeal to the Privy Council
3. Union Colliery and Corporate Criminal Liability 
4. Manchuk and Proof Beyond a Reasonable Doubt
5. The Beaver Case and the Requirement of a Guilty Mind
6. Steven Truscott and the Frailty of the Criminal Process
7. Klippert and Morgentaler: Morality and the Criminal Law
8. Hunter v. Southam and the Canadian Charter of Rights and Freedoms
9. R. v. Askov: Delay and Other Procedural Issues under the Charter
10. R. v. Gladue: Criminal Justice and Indigenous Persons

Summing Up

Notes
Index

Editorial Reviews

“The skilful use of ten leading criminal law decisions by one of this country’s pre-eminent criminal law scholars culminates in a masterful overview of Canada’s criminal justice system.”—The Honourable Michael J. Moldaver, former Justice of the Supreme Court of Canada
“It’s a great read, both for lawyers and for the general public, and makes the case, loud and clear and once again, for the setting up of a Law Reform Commission similar to the one abolished in 1992, entirely devoted to the analysis and reform of criminal law, procedure, and evidence.”—The Honourable Louise Arbour, former Justice of the Supreme Court of Canada and United Nations High Commissioner for Human Rights
“A lively, learned, and at times very personal journey into the complex, dynamic life of Canadian criminal law. Through Friedland’s skilful storytelling we learn not only about a range of fascinating legal cases – some familiar, others more obscure – but also about the people, tensions, and challenges that have made the criminal law such an important part of our political and social lives.”—Benjamin Berger, Professor of Law, Osgoode Hall Law School
“Quite simply, there is no other book that weaves together conceptual quandaries, historical context, and constitutional analysis so effectively. The book reflects Friedland’s mastery of the subject matter gleaned from decades of working in the area. In my opinion, there is no other Canadian legal scholar or historian who could have produced this manuscript. This book will be an invaluable resource for students of Canadian law, politics, and history.”—Nicole O’Byrne, Associate Professor of Law, University of New Brunswick
“Well researched and accessibly written. Friedland is at his best when linking major developments in criminal law with the very human relationships, ambitions, frailties, and dramas of those involved in the cases.”—The Honourable Lorne Sossin, Justice, Ontario Court of Appeal

From the Publisher