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Publication Language: English
Published: December 22, 2023
Publisher: LexisNexis Canada
Summary Appeal Law and Trial Advocacy Updates
Drawing on his more than 23 years of experience and expertise, author and Assistant Crown Attorney Moiz Karimjee explains the law on approximately 70 offence specific and particular issues in criminal trials and sentencing hearings and the basis for launching summary conviction and sentence appeals. The law is synthesized, when necessary, to assist counsel and judges in navigating a body of law that may often appear to be contradictory.
For ease of reference, Issues in Criminal Trials and Summary Appeal Law, 3rd Edition is divided into four parts:
Features of This Book
What’s New In This Edition
Who Should Read This Book
Introduction
Part I: Summary Appeals
Chapter 1: The Statutory Framework of Summary Criminal Appeals
Chapter 2: Basis for Appealing an Acquittal
Chapter 3: The Powers of a Summary Appeal Court on Appeals from an Acquittal
Chapter 4: The Three Bases for Appealing a Sentence
Part II: Issues Commonly Arising on Summary Appeals
Chapter 5: Issues Commonly Arising on Summary Appeals
Part III: Post-Jordan
Chapter 6: Post-Jordan: The powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings, including the recent decision of R. v. Haevischer, 2023 SCC 11
Part IV: Supplementary and Post-Appeal Issues
Chapter 7: Essential Timelines, Rules, Tests and Consent Orders under the Criminal Proceedings Rules for the Superior Court of Justice
Chapter 8: Bail Pending Appeal, Stay of Driving Prohibition Pending Appeal, and Stay of Sentence Orders
Chapter 9: Section 684 Applications
Chapter 10: The Test for Waiving Compliance with the Rules and Seeking Leave to Amend the Notice of Appeal After the Appellant Has Filed the Factum
Chapter 11: Guidance on Summary Appeal Advocacy by the Honorable Justice Ratushny
Chapter 12: Does the Recognizance or Detention Order Before a Verdict or Sentence Continue to Apply During the Appeal Stage? Does It Apply Post-Appeal If a New Trial Is Ordered?
Chapter 13: What Next After a Summary Appeal?
Appendix 1: Draft Section 684 Order
Appendix 2: Draft Letter to Legal Aid in Respect of a Section 684 Order
Appendix 3: Questions that the Unrepresented Appellant May Have to Answer to Support the Section 684 Application
Index