This course examines various topics in criminal procedure and evidence in Canada. It is designed to explain and critique the legal rules pertaining to the gathering of evidence, the court process, the admissibility of evidence at trial and post-conviction sentencing, appeals, and other remedies.
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
- 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
Methods of Instruction
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.
Means of Assessment
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:
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.
Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester/year of the course, consider the previous version as the applicable version.
Below shows how this course and its credits transfer within the BC transfer system.
A course is considered university-transferable (UT) if it transfers to at least one of the five research universities in British Columbia: University of British Columbia; University of British Columbia-Okanagan; Simon Fraser University; University of Victoria; and the University of Northern British Columbia.
For more information on transfer visit the BC Transfer Guide and BCCAT websites.
If your course prerequisites indicate that you need an assessment, please see our Assessment page for more information.