Governing Legislation and Resources for Criminal Law (1:II) - Revision history

Nate Russell at 23:45, 17 September 2026

2026-09-17T23:45:47Z

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Nate Russell at 23:43, 17 September 2026

2026-09-17T23:43:25Z

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	=== 1. Annotated Criminal Codes: ===		=== 1. Annotated Criminal Codes: ===
	* Edward Greenspan ~~et al~~, eds, ''Martin's Annual Criminal Code'', 2026 ed (Toronto, CA: Carswell Thomson Reuters, 2025).		* Edward Greenspan Q.C., The Honourable Mr. Justice Marc Rosenberg, Marie Henein, Matthew Gourlay, eds, ''Martin's Annual Criminal Code'', 2026 ed (Toronto, CA: Carswell Thomson Reuters, 2025).
	* Alan D. Gold, ''The Practitioners Criminal Code'', 2026/2027 ed (Toronto: LexisNexis Canada, 2026).		* Alan D. Gold, ''The Practitioners Criminal Code'', 2026/2027 ed (Toronto: LexisNexis Canada, 2026).
	* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear's Criminal Code'', 2026 ed (Toronto: Carswell Thomson Reuters, 2025).		* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear's Criminal Code'', 2026 ed (Toronto: Carswell Thomson Reuters, 2025).

Nate Russell: 2026 update

2026-09-17T22:32:22Z

2026 update

← Older revision		Revision as of 22:32, 17 September 2026
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	=== 1. Annotated Criminal Codes: ===		=== 1. Annotated Criminal Codes: ===
	* Edward Greenspan et al, eds, ''~~Martin’s~~ Annual Criminal Code'', ~~2025~~ ed (Toronto, CA: Carswell Thomson Reuters, ~~2024~~).		* Edward Greenspan et al, eds, ''Martin's Annual Criminal Code'', 2026 ed (Toronto, CA: Carswell Thomson Reuters, 2025).
	* Alan D. Gold, ''The Practitioners Criminal Code'', ~~2025~~ ed (Toronto: LexisNexis Canada, ~~2024~~).		* Alan D. Gold, ''The Practitioners Criminal Code'', 2026/2027 ed (Toronto: LexisNexis Canada, 2026).
	* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated ~~Tremeear’s~~ Criminal Code'', ~~2025~~ ed (Toronto: Carswell Thomson Reuters, ~~2024~~).		* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear's Criminal Code'', 2026 ed (Toronto: Carswell Thomson Reuters, 2025).


	'''NOTE:''' All criminal lawyers carry around one of the three leading annotated criminal codes. The most commonly used is ''~~Martin’s~~''. When reviewing any case, the annotations on the section a client is charged with provide a good place to start regarding identifying the elements of the offence.		'''NOTE:''' All criminal lawyers carry around one of the three leading annotated criminal codes. The most commonly used is ''Martin's''. When reviewing any case, the annotations on the section a client is charged with provide a good place to start regarding identifying the elements of the offence.


	=== 2. Other Criminal Law Resources: ===		=== 2. Other Criminal Law Resources: ===
			* ''The Arrest Handbook: A Guide to Your Rights'', 2023 ed (British Columbia Civil Liberties Association, 2023) (free access on bccla.org in English, French, Punjabi, Spanish, Simplified Chinese, and Traditional Chinese).
			* ''Legal Information for Indigenous People: National Edition'', 2025 ed (Bella Coola Legal Advocacy Program, 2025) (free access on Clicklaw Wikibooks).
	* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3rd ed (Toronto: Carswell, 2022).		* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3rd ed (Toronto: Carswell, 2022).
	* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''~~McWilliam’s~~ Canadian Criminal Evidence'', 5th ed (Toronto: Carswell, 2013).		* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''McWilliam's Canadian Criminal Evidence'', 5th ed (Toronto: Carswell, 2013).
	* The Honourable David Watt, KC., ''~~Watt’s~~ Manual of Criminal Evidence'', ~~2024~~ ed (Toronto: Carswell Thomson Reuters, ~~2024~~).		* The Honourable David Watt, KC. & Jill D. Makepeace, ''Watt's Manual of Criminal Evidence'', 2025 ed (Toronto: Carswell Thomson Reuters, 2025).
	* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).		* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).
	* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).		* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).
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	Legal Aid BC (LABC), previously the Legal Services Society of BC, is the only source of criminal legal aid in British Columbia (BC). ~~LABC’s~~ purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. LABC will provide a retainer to a lawyer in private practice requested by or assigned to the eligible client who will provide legal assistance on a contract basis.		Legal Aid BC (LABC), previously the Legal Services Society of BC, is the only source of criminal legal aid in British Columbia (BC). LABC's purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. LABC will provide a retainer to a lawyer in private practice requested by or assigned to the eligible client who will provide legal assistance on a contract basis.


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	'''b) Eligible Offences and Conditions'''		'''b) Eligible Offences and Conditions'''

	Legal Aid lawyers may be able to represent an accused person in their criminal case if, after conviction (or a guilty plea) the accused would:		Legal Aid lawyers may be able to represent an accused person who is financially eligible in their criminal case if, after conviction (or a guilty plea) the accused would:
	* be sentenced to a period of jail (including a conditional sentence);		* be sentenced to a period of jail (including a conditional sentence);
	* lose their means of earning an income; or		* lose their means of earning an income; or
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	'''c) Reviewing a Decision '''		'''c) Reviewing a Decision '''

	An accused who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal ~~assistant’s~~ decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/services/apply-for-review-of-decision.		An accused person who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal assistant's decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/services/apply-for-review-of-decision.


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	~~The~~ accused may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The ~~client~~ should then call the lawyer to make an appointment to receive a free 15-minute consultation. The ~~client~~ will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]] for more information.		An accused person may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The accused person should then call the lawyer to make an appointment to receive a free 15-minute consultation. The accused person will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]] for more information.


	=== 6. ~~Everyone Legal Clinic~~: ===		=== 6. Duty Counsel: ===


	~~The Everyone Legal Clinic provides fixed-fee criminal defence at a lower cost~~ to ~~individuals facing summary conviction offences~~. ~~Clients can request a consultation appointment with~~ an ~~articling student online at https://app.qase.net/create_elc_referral. More information, including rates, can be found at https://everyonelegal.ca/services-for- everyone/criminal-defence.~~		Duty Counsel are lawyers paid by the government to help accused people who do not have lawyers. When an accused person does not have a lawyer, they are referred to as "unrepresented." Duty Counsel can help unrepresented people (whether in custody or out of custody) by providing them with basic legal information and advice, and by assisting them in conducting basic court appearances. Duty Counsel is often the first lawyer to give legal advice to people in custody. As Duty Counsel is there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused person by:


	~~=== 7. Duty Counsel: ===~~


	~~If the~~ accused does not have a lawyer ~~(either retained privately or through Legal Aid)~~ Duty Counsel ~~(lawyers paid by the government) are there to assist~~ unrepresented people (whether in custody or out of custody) by providing them with basic legal information and advice, and ~~to assist~~ them in conducting basic court appearances. Duty Counsel is often the first lawyer to give legal advice to people in custody. As Duty Counsel is there to assist anyone on a given day, they cannot conduct trials or other lengthy matters. Duty counsel can help the accused by:
	* giving advice about the charges and court procedures;		* giving advice about the charges and court procedures;
	* conducting a bail hearing;		* conducting a bail hearing;
	* entering a guilty plea and providing background information about the accused for the purposes of sentencing; and		* entering a guilty plea and providing background information about the accused person for the purposes of sentencing; and
	* talking to the accused about possible ways of resolving the file such as through diversion.		* talking to the accused person about possible ways of resolving the file such as through diversion.


	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP at 00:07, 21 September 2025

2025-09-21T00:07:57Z

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LSLAP at 00:03, 21 September 2025

2025-09-21T00:03:45Z

← Older revision		Revision as of 00:03, 21 September 2025
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	* Edward Greenspan et al, eds, ''Martin’s Annual Criminal Code'', 2025 ed (Toronto, CA: Carswell Thomson Reuters, 2024).		* Edward Greenspan et al, eds, ''Martin’s Annual Criminal Code'', 2025 ed (Toronto, CA: Carswell Thomson Reuters, 2024).
	* Alan D. Gold, ''The Practitioners Criminal Code'', 2025 ed (Toronto: LexisNexis Canada, 2024).		* Alan D. Gold, ''The Practitioners Criminal Code'', 2025 ed (Toronto: LexisNexis Canada, 2024).
	* • The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear’s Criminal Code'', 2025 ed (Toronto: Carswell Thomson Reuters, 2024).		* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear’s Criminal Code'', 2025 ed (Toronto: Carswell Thomson Reuters, 2024).


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	If appropriate, the client should be advised to contact Legal Aid directly at (604) 408-2172 (Greater Vancouver) or 1 (866) 577-2525. See ~~'''~~Chapter 23: Referrals~~'''~~, or the blue pages of the phone book, for more information.		If appropriate, the client should be advised to contact Legal Aid directly at (604) 408-2172 (Greater Vancouver) or 1 (866) 577-2525. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]], or the blue pages of the phone book, for more information.


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	The accused may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The client should then call the lawyer to make an appointment to receive a free 15-minute consultation. The client will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See ~~'''~~Chapter 23: Referrals~~'''~~ for more information.		The accused may call (604) 687-3221 or 1 (800) 663-1919 (for those outside the Lower Mainland) to reach the service, where an operator will provide the name of a lawyer who practices criminal law. The client should then call the lawyer to make an appointment to receive a free 15-minute consultation. The client will have to negotiate the fee for subsequent sessions at their first meeting with the lawyer. See [[General Legal Help Resources (23:I)\|Chapter 23: Referrals]] for more information.

Nate Russell: review confirmed 2025

2025-08-28T21:28:03Z

review confirmed 2025

← Older revision		Revision as of 21:28, 28 August 2025
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	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

LSLAP at 22:07, 12 August 2025

2025-08-12T22:07:24Z

LSLAP at 19:31, 11 August 2025

2025-08-11T19:31:27Z

← Older revision		Revision as of 19:31, 11 August 2025
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	=== 3. Relevant Statutes: ===		=== 3. Relevant Statutes: ===
	* ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat/rsc-1985-c-c-46/latest~~/~~rsc-1985-c-c-46.html?autocompleteStr=criminal%20code%20&autocompletePos=1~~ Criminal Code]'', RSC, 1985, c C-46.		* ''[https://canlii.ca/t/7vf2 Criminal Code]'', RSC, 1985, c C-46.
	* ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws~~/~~stat/sc-1996-c-19/latest/sc-1996-c-19.html?autocompleteStr=%E2%80%A2%09Controlled%20Drugs%20and%20Substances%20Act&autocompletePos=1~~ Controlled Drugs and Substances Act]'', SC 1996, c 19 (if drug offence).		* ''[https://canlii.ca/t/7vtc Controlled Drugs and Substances Act]'', SC 1996, c 19 (if drug offence).
	* ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws/stat/rsc-1985-c-c-5/latest~~/~~rsc-1985-c-c-5.html?autocompleteStr=%E2%80%A2%09Canada%20Evidence%20Act&autocompletePos=1~~ Canada Evidence Act]'', RSC, 1985, c C-5.		* ''[https://canlii.ca/t/7vf5 Canada Evidence Act]'', RSC, 1985, c C-5.
	* ''[https://~~www.~~canlii.~~org/en/qc/laws/stat/cqlr-c-c-12~~/~~latest~~/~~cqlr-c-c-12.html?searchUrlHash=AAAAAQAHY2hhcnRlcgAAAAAB&resultIndex=2~~ Canadian Charter of Rights and Freedoms]'', Part I of the Constitution Act, 1982 being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 (particularly ss 7 – 14, 24 (1) and (2)).		* ''[https://canlii.ca/t/8q7l Canadian Charter of Rights and Freedoms]'', Part I of the Constitution Act, 1982 being Schedule B to the Canada Act 1982 (UK), 1982, c. 11 (particularly ss 7 – 14, 24 (1) and (2)).
	* ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws~~/~~stat/rsc-1985-c-i-1/latest/rsc-1985-c-i-1.html?autocompleteStr=%E2%80%A2%09Identification%20of%20Criminals%20Act&autocompletePos=1~~ Identification of Criminals Act]'', RSC, 1985, c I-1.		* ''[https://canlii.ca/t/7vh6 Identification of Criminals Act]'', RSC, 1985, c I-1.
	* ''[https://~~www.~~canlii.~~org/en/~~ca/~~laws~~/~~stat/sc-~~1998-c-37/~~latest~~/~~sc-1998-c-37~~.~~html?autocompleteStr=%E2%80%A2%09DNA%20Identification%20Act&autocompletePos=1 DNA Identification~~ Act]'', ~~SC 1998~~, ~~c 37~~.		* ''[https://canlii.ca/t/7vvq DNA Identification Act]'', SC 1998, c 37.
			*''[https://canlii.ca/t/5439t Criminal Records Act]'', RSC, 1985, C-47.


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	'''a) Financial Eligibility'''		'''a) Financial Eligibility'''

	LABC will grant a letter of referral to applicants who meet the financial eligibility requirements. These can be found at https://legalaid.bc.ca/~~legal_aid~~/~~doIQualifyRepresentation~~.		LABC will grant a letter of referral to applicants who meet the financial eligibility requirements. These can be found at https://legalaid.bc.ca/services/do-i-qualify-representation.


	There is some flexibility in the requirements, subject to the discretion of the intake legal assistant assessing the application. Clients will be required to complete a means test indicating household size, income and assets, certain expenses, and level of education. Information on how to apply can be found at https://legalaid.bc.ca/~~legal_aid~~/~~howToApply~~.		There is some flexibility in the requirements, subject to the discretion of the intake legal assistant assessing the application. Clients will be required to complete a means test indicating household size, income and assets, certain expenses, and level of education. Information on how to apply can be found at https://legalaid.bc.ca/services/how-to-apply.


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	'''c) Reviewing a Decision '''		'''c) Reviewing a Decision '''

	An accused who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal assistant’s decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/~~about~~/~~applyForReviewOfDecision~~.		An accused who has been denied Legal Aid can have the decision reviewed where circumstances warrant it. Requests for review must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. Legal Aid does not consider any requests received after 30 days from the date of the intake legal assistant’s decision. Information on how to apply for a review can be found at https://legalaid.bc.ca/services/apply-for-review-of-decision.

LSLAP at 00:35, 31 July 2024

2024-07-31T00:35:42Z

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	{{LSLAP Manual TOC\|expanded = criminal}}		{{LSLAP Manual TOC\|expanded = criminal}}

LSLAP at 00:34, 31 July 2024

2024-07-31T00:34:13Z

← Older revision		Revision as of 00:34, 31 July 2024
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	For more information, please see		For more information, please see
	https://legalaid.bc.ca/services/criminal-law.		https://legalaid.bc.ca/services/criminal-law.


	'''c) Reviewing a Decision '''		'''c) Reviewing a Decision '''

← Older revision		Revision as of 22:07, 12 August 2025
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	=== 1. Annotated Criminal Codes: ===		=== 1. Annotated Criminal Codes: ===
	* Edward Greenspan~~, Marc Rosenberg, & Marie Henein~~, eds, ''Martin’s Annual Criminal Code'', ~~2024~~ ed (Toronto: Carswell Thomson Reuters, ~~2023~~).		* Edward Greenspan et al, eds, ''Martin’s Annual Criminal Code'', 2025 ed (Toronto, CA: Carswell Thomson Reuters, 2024).
	* Alan D. Gold, ''The Practitioners Criminal Code'', ~~2024~~ ed (Toronto: LexisNexis Canada, ~~2023~~).		* Alan D. Gold, ''The Practitioners Criminal Code'', 2025 ed (Toronto: LexisNexis Canada, 2024).
	* The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, ''The ~~2024~~ Annotated Tremeear’s Criminal Code'', ~~2023~~ ed (Toronto: Carswell Thomson Reuters, ~~2023~~).		* • The Honourable David Watt, K.C., The Honourable Madam Justice Michelle Fuerst, & Jill D. Makepeace, ''The 2025 Annotated Tremeear’s Criminal Code'', 2025 ed (Toronto: Carswell Thomson Reuters, 2024).


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	=== 2. Other Criminal Law Resources: ===		=== 2. Other Criminal Law Resources: ===
	* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3d ed (Toronto: ~~Canada Law Book~~, 2022).		* The Honourable Mr. Justice Eugene Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 3rd ed (Toronto: Carswell, 2022).
	* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''McWilliam’s Canadian Criminal Evidence'', 5th ed (Toronto: ~~Canada Law Book~~, 2013).		* The Honourable S Casey Hill, David Tanovich, & Louis Strezos, ''McWilliam’s Canadian Criminal Evidence'', 5th ed (Toronto: Carswell, 2013).
	* The Honourable David Watt, ~~K.C~~., Watt’s Manual of Criminal Evidence, ~~2023~~ ed (Toronto: Carswell Thomson Reuters, ~~2022~~).		* The Honourable David Watt, KC., ''Watt’s Manual of Criminal Evidence'', 2024 ed (Toronto: Carswell Thomson Reuters, 2024).
	* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).		* Robert Paul Nadin-Davis & Clarey B Sproule, eds, ''Canadian Sentencing Digest Quantum Service'' (Toronto: Carswell, 1989) (also available on e-carswell).
	* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).		* Francis Lewis Wellman, ''Art of Cross-Examination with the Cross-Examinations of Important Witnesses in Some Celebrated Cases'' (New York: Collier Books, 1903).
	* Earl J Levy, ''Examination of Witnesses in Criminal Cases'', 7th ed (Toronto: Carswell Thomson Reuters, 2016).		* Earl J Levy, ''Examination of Witnesses in Criminal Cases'', 7th ed (Toronto: Carswell Thomson Reuters, 2016).
	* Thomas A Mauet, Donald G Casswell, & Gordon P MacDonald, ''Fundamentals of Trial Techniques'' (Toronto: Little, Brown, 2001).		* Thomas A Mauet, Donald G Casswell, & Gordon P MacDonald, ''Fundamentals of Trial Techniques'' (Toronto: Little, Brown & Company, 2001).
	* Christopher Bentley, ''Criminal Practice Manual: a Practical Guide to Handling Criminal Cases'' (Scarborough~~, Ont~~: Carswell, 2000).		* Christopher Bentley, ''Criminal Practice Manual: a Practical Guide to Handling Criminal Cases'' (Scarborough: Carswell, 2000).