Special Edition - In Memory of The Honourable Mr. Justice Marc Rosenberg
Martin's Related Criminal Statutes, 2016-2017 Edition is fully annotated by three of Canada's preeminent authorities on criminal lawWith annotations by:
Edward L. Greenspan, Q.C., The Honourable Mr. Justice Marc Rosenberg, and Marie Henein Martin's Related Criminal Statutes, 2016-2017 Edition
is fully annotated by three of Canada's preeminent authorities on criminal law. Available in print and online in CriminalSource
, it includes updated non-Criminal Code statutes and related case law. Thoroughly cross-referenced and updated annually, Martin's Related Criminal Statutes
contains a winning combination of insight and information.New in this EditionCase Law Highlights
- Sections 5(i) and 5(j) provide that Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act apply to persons and entities described in the Regulations. Despite successful challenge to constitutionality of ss. 62, 63, and 63.1 no basis exists for finding ss. 5(i) and 5(j) unconstitutional: Canada (Attorney General) v. Federation of Law Societies, 2015 SCC 7.
- Reliability not essential component of prior statement under subsection 9(2) of the Canada Evidence Act, as with prior statements admissible as substantive evidence under principled exception to hearsay rule: R. v. Taylor, 2015 ONCA 448.
- The proper exercise of discretion to mark prior statements as an exhibit depends on cross-examination. The more extensive, the more likely it is appropriate to mark the statement as an exhibit. Marking as an exhibit does not make statement evidence of the truth of its contents: R. v. Tyers, 2015 BCCA 507
- To obtain a registration certificate under section 13 of the Firearms Act, applicant must hold a license for that kind of firearm at the time the Registrar makes a decision, not at the time an application is submitted: R. v. Vivares, 2016 ONCA 1.
- The same test applied under s. 837 of the Criminal Code should govern decision whether to grant leave under section 80 of the Firearms Act, which considers importance of question of law to the administration of justice and the relative merit of the applicant's position: Alberta (Chief Firearms Officer) v. Runkle, 2015 ABCA 233.
- Section 18 of the Federal Courts Act does not deprive provincial superior courts of ability to determine constitutional validity and applicability of legislation. Exclusive original jurisdiction over federal boards, commissions and tribunals respecting judicial review on administrative law grounds resides with Federal Court: Strickland v. Canada (Attorney General) , 2015 SCC 37.
- Two objectives of extradition law are: (1) prompt compliance with Canada's international obligations to its extradition partners; and (2) protection of rights of person sought. These interests must be balanced at each stage of extradition process. Broad principle of double criminality in subsection 3(1)(b) of the Extradition Act posits that Canada should not extradite a person to face punishment in another country for conduct that would not be criminal in Canada: M.M. v. United States of America, 2015 SCC 62.
- Information connecting perpetration of an internet luring offence to an account registered in the sought person's name was insufficient, without more to support reasonable inference that he was the person engaging in activity at relevant time. The committal order was quashed: United States of America v. Viscomi, 2015 ONCA 484, leave to appeal to S.C.C. refused,  S.C.C.A. No. 397.
- Combination of subsection 139(1) of the Corrections and Conditional Release Act and section 743.5(1) of the Criminal Code, which converts remaining portion of youth sentence into adult sentence and merge two sentences together, does not offend s. 7 of the Charter: Erasmo v. Canada (Attorney General) , 2015 FCA 129.
The following legislation has been amended in this Edition:
- Canada Evidence Act
- Competition Act
- Corrections and Conditional Release Act
- Customs Act
- Federal Courts Act
- Firearms Act
- Fisheries Act
- Income Tax Act
- Interpretation Act
- Mutual Legal Assistance in Criminal Matters Act
- Prisons and Reformatories Act
- Proceeds of Crime (Money Laundering) and Terrorist Finance Act
- Seized Property Management Act
- Sex Offender Information Registration Act