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Difference between revisions of "Governing Legislation and Resources for Criminal Law (1:II)"
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Governing Legislation and Resources for Criminal Law (1:II) (view source)
Revision as of 03:43, 5 August 2021
, 03:43, 5 August 2021no edit summary
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<big>A. Resources</big> | <big>A. Resources</big> | ||
1. Annotated Criminal Codes: | <big>1. Annotated Criminal Codes:</big> | ||
* Edward Greenspan, Marc Rosenberg, & Marie Henein, eds, ''Martin’s Annual Criminal Code'', 2020 ed (Toronto: Thomson Reuters, 2020). | * Edward Greenspan, Marc Rosenberg, & Marie Henein, eds, ''Martin’s Annual Criminal Code'', 2020 ed (Toronto: Thomson Reuters, 2020). | ||
* Alan D. Gold, ''The Practitioners Criminal Code'', 2020 ed (Toronto: LexisNexis Canada, 2020). | * Alan D. Gold, ''The Practitioners Criminal Code'', 2020 ed (Toronto: LexisNexis Canada, 2020). | ||
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2. Other Criminal Law Resources: | <big>2. Other Criminal Law Resources:</big> | ||
* Eugene E Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 2d ed (Toronto: Canada Law Book, 1988). | * Eugene E Ewaschuk, ''Criminal Pleadings and Practice in Canada'', 2d ed (Toronto: Canada Law Book, 1988). | ||
* Peter K McWilliams & S Casey Hill, ''McWilliam’s Canadian Criminal Evidence'', 4th ed (Toronto: Canada Law Book, 2003). | * Peter K McWilliams & S Casey Hill, ''McWilliam’s Canadian Criminal Evidence'', 4th ed (Toronto: Canada Law Book, 2003). | ||
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* 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, Ont: Carswell, 2000). | ||
3. Relevant Statutes: | <big>3. Relevant Statutes:</big> | ||
* ''[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://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://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://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). | ||
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* ''[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://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. | ||
4. Legal Aid: | <small>4. Legal Aid:</small> | ||
The Legal Services Society of B.C. (LSS) is the only source of criminal legal aid in British Columbia. Legal Aid’s purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. The Society will provide a retainer to a lawyer chosen by the eligible client in private practice who will provide legal assistance on a contract basis. The Society will also assist the eligible applicant in finding a lawyer if needed. | The Legal Services Society of B.C. (LSS) is the only source of criminal legal aid in British Columbia. Legal Aid’s purpose is to provide free representation for financially eligible accused persons (low-income individuals), who are charged with certain offences. The Society will provide a retainer to a lawyer chosen by the eligible client in private practice who will provide legal assistance on a contract basis. The Society will also assist the eligible applicant in finding a lawyer if needed. | ||
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An accused who has been rejected can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision. | An accused who has been rejected can have the decision reviewed where circumstances warrant it. Requests for reviews must be in writing, must set out the reasons for disagreeing with the decision, and must include copies of supporting documentation. LSS does not consider any requests received 30 or more days from the date of the intake legal assistant’s decision. | ||
5. Vancouver Lawyer Referral Service | <big>5. Vancouver Lawyer Referral Service</big> | ||
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. There is no fee for the first half-hour session, and 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. There is no fee for the first half-hour session, and 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. | ||
6. Duty Counsel: | <big>6. Duty Counsel:</big> | ||
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: | 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: | ||