The course will employ a variety of instructional methods to accomplish its objectives. The instructor will primarily use lectures and may use audio-visual material, guest lectures, seminars, discussions and assignments to cover the material.
During the semester the following topics will be studied:
- Constitution Act, 1867
- Charter Rights
- Case Law and Research
- Offence Classification
- Classification of Offences
- Jurisdiction of the Court
- Trial Delays
- Pretrial Procedures
- Compelling Appearance of the Accused
- Judicial Interim Release
- Information and Indictments
- Arraignment and Plea
- Crown Disclosure
- Preliminary Inquiry
- Juries and Procedure at Trial
- Post Trial Issues
- Sentencing and Appeals
- Charter Issues
- Evidence and the Charter
- Search and Seizure
- Rules of Evidence
- Electronic Surveillance and Interception of Private Communications
- Admissions and Confessions
- Types of Evidence
- Exclusionary Rules
- Judicial Notice
- Opinion Evidence
- Secondary Sources
At the conclusion of the course the successful student will be able to:
- Explain the general rules governing the criminal investigative process in Canada.
- Discuss the general matters relating to criminal procedure.
- Explain the major laws of evidence in Canada.
- Discuss the evidentiary issues in a Criminal trial.
- Explain the significance and purpose of the laws of procedure and evidence in the search for truth and the protection of civil liberties.
- Explain the importance of compliance with the laws of procedure and evidence.
- Critically evaluate components of the investigative, trial and post-conviction process and the procedure and evidentiary rules that govern them.
- Research matters relating to criminal procedure and evidence on on-line databases.
Evaluation will be based on course objectives and carried out in accordance with Douglas College policy. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the semester.
An example of one possible evaluation scheme would be:
Textbooks and Materials to be Purchased by Students:
Textbooks will be updated periodically.
Typical examples are:
Nowlin, C. & Brockman, J. (2017). An Introduction to Canadian Criminal Procedure and Evidence, (6th ed.). Toronto: Nelson.
The Pocket Criminal Code. (updated annually). Toronto: Carswell.
Assigned readings of reported cases and library references will serve as reference material for the course.