Criminal Procedure (LAW232H1F)

A survey of criminal procedure designed to provide a basic knowledge of the Canadian criminal process, including its strengths, weaknesses and underlying policies. Arrest and detention, search and seizure, remand procedures and bail, disclosure, classification of offenses, jurisdiction, preliminary hearings, trial within a reasonable time and jury selection will be covered. We will also discuss special procedures that apply in cases involving allegations of sexual violence, the role of complainants in criminal proceedings and the Victim’s Bill of Rights. There will be emphasis throughout the course on the impact of the Charter on the common law and statutory rules of criminal procedure, including how equality rights inform or should inform Canada’s criminal process. We plan to have several guest speakers during the term to ensure students hear different perspectives on Canadian criminal procedure. Some knowledge of evidence law is helpful but not essential.