Criminal Law & Procedure: Proof, Defences and Beyond, 5th ed.

Jennie Abell, Elizabeth Sheehy and Natasha Bakht

April 2014
Captus Press
ISBN: 978-1-55322-296-5


Criminal Law & Procedure: Proof, Defences, and Beyond is a criminal law casebook aimed primarily at law students in Canadian law schools. The volume surveys the leading cases on the traditional subjects covered in introductory criminal law courses, including proof of actus reus and mens rea and defences such as mistake of fact, automatism, and intoxication, among others. The book also includes emerging legal paradigms and defences: for example, in chapters on the legal treatment of corporate homicide; the defence of color of right — most commonly invoked by Aboriginal peoples in defence of their lands; and the newly reformed defence of self-defence. The casebook draws upon secondary sources to illuminate the implications of criminal defences (for example, for gays and lesbians, persons with disabilities, and those vulnerable to police entrapment) and demonstrates how the Charter, particularly section 15 (the equality principle), can be invoked to broaden defences, such as duress, or narrow other defences like provocation.

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About the Authors:

Jennie Abell is Director of Women's Studies and an associate professor in the Faculty of Law at the University of Ottawa, where she has been teaching "Criminal Law and Procedure" since 1988. Both her pedagogy and her scholarship draw on her earlier work as a criminal defence lawyer with a legal aid clinic in Northern Saskatchewan, where she represented poor people and Aboriginal peoples. Her research interrogates the relationships between traditional law practice, feminist activism, and critical legal education; feminist analysis of criminal law and violence against woman; and criminialization of poverty and access to justice.

Elizabeth Sheehy teaches Criminal Law, Criminal Procedure, Sexual Assault Law and Defending Battered Women on Trial. She has worked on criminal law reform from many vantage points, including consultation with the department of Justice Canada, research for the Self-Defence Review, case preparation with the Women's Legal Education and Action Fund, and advocacy work with women's organizations such as the National Association of Women and the Law and the Canadian Association of Elizabeth Fry Societies. Her research and writing concentrates on violence against women, equality analysis, and criminal law reform issues such as self-defence for battered women.

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Natasha Bakht teaches criminal law, family law, and multicultural rights. Her research interests are generally in the area of law, culture and minority rights, and specifically in the intersecting area of religious freedom and women’s equality. She has written extensively on the issue of religious arbitration in family law. A regular researcher with the National Judicial Institute where she has assists in judicial education on sentencing, demeanour, evidence, and matters of faith and culture. Professor Bakht is also a member of the Law Program Committee of the Women’s Legal Education and Action Fund (LEAF).

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