INDEX ACTUS REUS ADMINISTRATION OF JUSTICE APPEALS ARBITRARY DETENTION. BILL 175 (ONTARIO) see also Policing CAUSATION. procurement crimes,

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1 INDEX ACTUS REUS procurement crimes, ADMINISTRATION OF JUSTICE Amato decision, confessions rule, entrapment, jurisprudence, subsequent, Justice Estey, reputation of, protecting, Rothman decision, APPEALS counsel in, no automatic right to, rights to, preserving, ARBITRARY DETENTION diminishing burden re, education of individual rights/freedoms, enhanced, harms of, learning and, mandatory options of approaching officer, oppressed people, on, psychology and, recommendations re, reluctance to respond to harms of, restorative justice orders, Seligman s experiments, BILL 175 (ONTARIO) see also Policing improved accountability of policing, 1-9 systematic approach to accountability, 5-6 CAUSATION act-fault dichotomy,

2 CAUSATION Continued blameworthiness, but-for test, necessity of, 89 clarity, factual, fault, removing, intervening cause, inquiry, decisive, jury charges, legal, manslaughter, medical evidence, 83 mens rea and, morality and, murder, Smithers definition, CHARTER admitting facts to invite a conviction prior to appeal, arbitrary detention see Arbitrary Detention jury systems, Kokopenace decisions, prejudicing rights to appeal with guilty pleas, preserving rights to appeal despite no other defence, purposive approach, guilty pleas and, remedying underrepresentation, representativeness, , right to trial (s. 11(f)), slippery slope concerns, societal purposes, COMPETITION ACT procurement crimes, CONDITIONAL GUILTY PLEA need for, in Canada, CONFESSIONS rule, Criminal Law Quarterly 508

3 CORRUPTION OF FOREIGN PUBLIC OFFICIALS ACT procurement crimes, COUNSEL, RIGHT TO appeals, in, indigent persons and, R. v. C. (P.), decision in, CRIMINAL CODE amendments to, 202 hope principle and, paragraph 121(1)(f), , 229 procurement crimes and, , 229 sections 119, section 718, DETENTION see Arbitrary Detention ENTRAPMENT administration of justice and, EVIDENCE causation and, 83 demeanour, of, exclusion due to invalid telewarrant, impracticability, to support, 235 medical, 83 view, use of taking a, witnesses see Witnesses FINANCIAL ADMINISTRATION ACT procurement crimes, GLADUE PRINCIPLES sentencing and, GUILTY PLEAS appeal and, rights to, conditional, Index 509

4 HOMICIDE OFFENCES, see also Infanticide HOPE PRINCIPLE Baumgartner decision, Bourque decision, Canadian law, in, Criminal Code, s. 718 of, generally, judicial treatment of, Multiple Murders Act, , , 433, parity, proportionality, rehabilitation, sentencing discounts, totality, INFANTICIDE Canada, in, evolution/development of, generally, her mind is then disturbed, interpreting, homicide offences, other, mental health/disorders of accused mothers, policy dilemmas re, reforming, sentencing, victim minimizing, JURY CHARGES causation, re, Criminal Law Quarterly JURY SELECTION challenges for cause, Crown obligations, 276 discrimination, 274 judicial discretion to remove jurors, peremptory challenges, prospective jurors, racism, historic, reform, need for, representativeness,

5 JURY SELECTION Continued restrictions on, urgency, volunteers, allowing, MENS REA causation and, procurement crimes, MENTAL DISORDERS, OFFENDERS WITH Charter and release conditions, incapacity, mental, infanticide and, legislative framework, not criminally responsible see NCRMD orders to manage/supervise/control, pre-trial release conditions, post-trial/post-plea release conditions, release conditions, rights-based approach, MENTAL INCAPACITY types of, Index MILITARY NEXUS DOCTRINE Arsenault decision, 158 effect of legislation, generally, Hannah decision, 157 legislative overbreadth, military law, Moriarity decision, overbreadth, legislative, purpose of legislation, rational connection, 162 Vezina decision,

6 MULTIPLE MURDERS ACT, , , 433, see also Hope Principle NCRMD (NOT CRIMINALLY RESPONSIBLE ON ACCOUNT OF MENTAL DISORDER) see also Mental Disorders, Offenders with Chaulk decision, David decision, generally, mental incapacity, types of, statutory regime, NATIONAL SECURITY disrupt, power to, threat reduction, POLICE OVERSIGHT ACT (ONTARIO) see also Policing Bill 175, 4 POLICING accountability, 1-9 advisory councils, 3 community advisory committees, need for, 6 complaints, 7-8 detachment boards, 3 discipline tribunals, 8-9 governance of, 1improved accountability of, 1-9 independence, definition of, 3-4 indigenous communities and, 2-3 Inspector General, 7 municipal councils, 1-2 Police Oversight Act, 4 police service boards, 1-2 reviews, systematic, 8 Special Investigations Unit (SIU), 4-5 suspensions without pay, 6-7 suspicion, regulation via standards of see Suspicion systematic approach to, 5-6 transparency, 5 PRACTICE, CRIMINAL LAW CLA members, Criminal Law Quarterly 512

7 PRACTICE, CRIMINAL LAW Continued cooperative teams, court hours, factors underlying decisions to leave, family-related issues, financial factors, financial support, 409 focus groups, 402 gendered differences in treatment, judiciary, re-educating the, Legal Aid work, mentorship, 410 recommendations for change, retention, survey information, unpredictability, women leaving, work hours, PRIVACY common areas, in, White decision, Index PROCUREMENT CRIMES actus reus and, advantage/benefit/reward, anti-bribery convention, benefit/reward/advantage, class of persons, 222 consideration, 216 context, statutory, Competition Act, Corruption of Foreign Public Officials Act, Criminal Code, amendments to, 202 Criminal Code, s. 121(1)(f) of, , 229 Criminal Code, ss of, directly or indirectly, family, member of, Financial Administration Act, gaps from wording,

8 Criminal Law Quarterly PROCUREMENT CRIMES Continued generally, government defined in context, history, statutory, 191, indirectly, directly or, inducement, nature of, 223 international obligations, limitations of wording, mens rea, OECD Anti-Bribery Convention, Organisation for Economic Co-operation and Development ( OECD ), person defined, 212 physical elements of offence, purpose, statutory, recommendations for reform, reward/benefit/advantage, stage of process, tender, conduct re, tender, withdrawal of, timing of impugned conduct, UN Convention against Corruption, wording, limitations, RELEASE CONDITIONS see Mental Disorders, Offenders with SENTENCE INDICATION HEARINGS Australia, Canada, Eastern Caribbean, 348 England, generally, history of, New Zealand, Scotland, 346 United States, what are, SENTENCING assessments, fallacy of assuming proper, bias, biased regimes,

9 Index SENTENCING Continued deterrence fallacy, discounts, fallacies, Gladue principles, hope principle, the see Hope Principle indication hearings, sentence see Sentence Indication Hearings infanticide, judicial helplessness, fallacy of, parity, proportionality, rehabilitation, Saskatchewan, unwritten principles of, 414 totality, SPECIAL INVESTIGATIONS UNIT (SIU) see also Policing Bill 175 (Ontario) and, 4-5 transparency of, 5 SUSPICION Canada, in, individualization, optimizing standards, probability thresholds, reasonable and probable grounds, 24, 27-35, reasonable suspicion, 24, 35-41, reasonableness and, 24, 41-44, taxonomy, TAKING A VIEW alternatives to, availability of, change since material time, extent of, contested issue, whether involves a, 148 evidentiary use of, generally, importance of information gained from, 145 jurisdiction, logistics re, 149 ordered, when should be, prerequisites,

10 TAKING A VIEW Continued security/safety concerns, 149 transportation of parties/counsel/staff to, 149 TELEWARRANTS Charter, conduct infringing the, deficiencies cured by amplification, evidence excluded due to invalidity of, evidence to support impracticability, 235 facial attacks on, impact of Charter breach, 239 impracticable defined, invalidity of, exclusion of evidence due to, police discretion, pre-conditions for issuance, seriousness of Charter breach, silence in ITO, effect of, society s interest in adjudication on merits of the case, threshold of impracticability, urgency as a factor, WITNESSES credibility assessments, demeanour evidence and, Criminal Law Quarterly 516