List of Frequently Cited Criminal Authorities

Updated as of April 2021

Parties do not need to reproduce the full version of the authorities on the following list in the paper copy of the books of authorities. When a party relies on one of the following authorities in the factum, the party should only include a copy of the headnote and the passage relied on in the book of authorities.

The authorities are listed chronologically by subject matter.

Burden of Proof/Reasonable Doubt

Certiorari/Directed Verdict/ Preliminary Inquiries

Charge to Jury

Charter

(i) Section 1 – Reasonable Limits

(ii) Section 7 – Life, Liberty and Security of the Person

  • Canada (Attorney General) v. Bedford, 2013 SCC 72, [2013] 3 S.C.R. 1101

(iii) Section 8 – Search and Seizure

(iv) Section 10(b) – Right to Counsel – Detention

(v) Section 11(b) – Unreasonable Delay

(vi) Section 11(d) – Fair Trial

(vii) Section 11(h) – Rule Against Multiple Convictions

(viii) Section 12 – Cruel and Unusual Punishment

(ix) Section 24(2) – Exclusion of Evidence

Defences – Air of Reality Threshold

Disclosure and Third Party Records

Extradition

  • United States of America v. Ferras; United States of America v. Latty2006 SCC 33, [2006] 2 S.C.R. 77
  • United States of America v. Thomlison2007 ONCA 42, 216 C.C.C. (3d) 97
  • United States of America v. Anderson2007 ONCA 84, 218 C.C.C. (3d) 225
  • United States of America v. Anekwu, 2009 SCC 41, [2009] 3 S.C.R. 3

Evidence

(i) Confessions

(ii) Cross-Examination on Prior Criminal Record

(iii) Fresh Evidence

(iv) Hearsay and the Principled Exception

(v) Similar Fact Evidence

(vi) Unsavoury Witnesses

(vii) Circumstantial Evidence

Fraud

Guilty Pleas

Ineffective Assistance of Trial Counsel

Leave to Appeal – Summary Conviction

Leave to Appeal – Provincial Offences

Ministerial Decisions

  • United States of America. v. Cotroni; United States of America v. El Zein[1989] 1 S.C.R. 1469
  • United States. v. Burns2001 SCC 7, [2001] 1 S.C.R. 283
  • Lake v. Canada (Minister of Justice), 2008 SCC 23, [2008] 1 S.C.R. 761
  • Canada (Justice) v. Fischbacher2009 SCC 46, [2009] 3 S.C.R. 170

Misapprehension of Evidence

Ontario Review Board

Reasonable Doubt

Self-Defence

Self-Represented Accused

Sentencing

(i) Aboriginal Offenders

(ii) Appellate Review

(iii) Conditional Sentences

(iv) Fresh Evidence

(v) Credit for Pre-Sentence Custody

Standard of Review on Findings of Fact

  • Housen v. Nikolaisen2002 SCC 33, [2002] 2 S.C.R. 235

Statutory Interpretation

  • Bell ExpressVu Limited Partnership v. Rex2002 SCC 42, [2002] 2 S.C.R. 559

Reasons for Judgment

Unreasonable Verdict

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