Criminal Procedure and Evidence

Curriculum Guideline

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Course
CRIM 3362
Discontinued
No
Course Code
CRIM 3362
Descriptive
Criminal Procedure and Evidence
Department
Criminology
Faculty
Humanities & Social Sciences
Credits
3.00
Start Date
End Term
201930
PLAR
No
Semester Length
15
Max Class Size
35
Contact Hours
Lecture: 4 hours per week/semester
Method(s) Of Instruction
Lecture
Learning Activities

The course will employ a variety of instructional methods to accomplish its objectives. The instructor will primarily use lectures and may use audio-visual material, guest lectures, seminars, discussions and assignments to cover the material.

Course Description
This course examines various topics in criminal procedure and evidence in Canada. It is designed to explain and critique the legal rules pertaining to the gathering of evidence, the court process, the admissibility of evidence at trial and post-conviction sentencing, appeals, and other remedies.
Course Content

During the semester the following topics will be studied:

  1. Introduction
    • Constitution Act, 1867
    • Charter Rights
    • Case Law and Research
  2. Offence Classification
    • Classification of Offences
    • Elections
    • Jurisdiction of the Court
    • Trial Delays
  3. Pretrial Procedures
    • Compelling Appearance of the Accused
    • Judicial Interim Release
    • Information and Indictments
    • Arraignment and Plea
    • Crown Disclosure
    • Preliminary Inquiry
    • Juries and Procedure at Trial
  4. Post Trial Issues
    • Sentencing and Appeals
  5. Charter Issues
    • Evidence and the Charter
    • Search and Seizure
  6. Rules of Evidence
    • Electronic Surveillance and Interception of Private Communications
    • Admissions and Confessions
    • Types of Evidence
    • Exclusionary Rules
    • Judicial Notice
    • Opinion Evidence
    • Secondary Sources
Learning Outcomes

At the conclusion of the course the successful student will be able to: 

  1. Explain the general rules governing the criminal investigative process in Canada.
  2. Discuss the general matters relating to criminal procedure.
  3. Explain the major laws of evidence in Canada.
  4. Discuss the evidentiary issues in a Criminal trial.
  5. Explain the significance and purpose of the laws of procedure and evidence in the search for truth and the protection of civil liberties.
  6. Explain the importance of compliance with the laws of procedure and evidence.
  7. Critically evaluate components of the investigative, trial and post-conviction process and the procedure and evidentiary rules that govern them.
  8. Research matters relating to criminal procedure and evidence on on-line databases.
Means of Assessment

Evaluation will be based on course objectives and carried out in accordance with Douglas College policy. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the semester.

 

An example of one possible evaluation scheme would be:

Midterm exam        35%
Final exam  35%
Research paper  30%
Total 100%
Textbook Materials

Textbooks and Materials to be Purchased by Students:

Textbooks will be updated periodically.

 

Typical examples are:

Brockman, J. & Rose, G. (2011). An Introduction to Canadian Criminal Procedure and Evidence, (4th ed.). Toronto: Nelson.

 

The Pocket Criminal Code. (updated annually). Toronto: Carswell.

 

 Assigned readings of reported cases and library references will serve as reference material for the course.

Prerequisites

CRIM 1160