Index
Author | Michael Plaxton |
Pages | 576-591 |
[ 576 ]
INDE X
Absolute symmetry, 423
Absurdity, 120–22
Abuse of process, 517, 517n129
Access, meaning, 98–99
Acquittal, stay of proceedings and,
517–18
Actus reus, 15–16
attempt, 211
lack of contemporaneity, 327n76
symmetry, 412–13
voluntariness, 310–14
ADH case SCC
fault, 372–76
s 218 and child abandonment, 209–10
Arays, 165–66
Aer-the-fact self-delusion, 546
Amato case SCC
institutional defences, 138, 139–40
new defences at common law, 521–22
Anal intercourse, 149–50
Anger, defence of, 501
Aravenna case Ont CA, statutory
duress, 504
Asperger’s Syndrome, 527
Assault
advance consent, 240–41
st ghting, 163–73
force application, activities and,
238–40
implied consent, 239–40
sexual consent, 243–52
transferred intent, 431–32
Assisted suicide cases, 67, 71
Attacks, 220–22, 220n77
Attempt, 212. See also Inchoate oences
Attempted crime, Cline case Ont CA,
210–11
Attempted murder, fault transfer im-
possible, 446–48
Attitude spirals, 540
Attitudes, NCRMD and, 537–38
Attorney General, federal, prosecutorial
authority, 57n64
Attorney General, provincial, prosecu-
torial authority, 57n65
Automatic weapons, 123–24
Automatism, 494
internal vs. external fugue state,
528–36
mental vs. non-mental disorder, 528
NCRMD and, 526–36
non-mental disorder, burden of
proof, 543
Parks case, 525–26
[ 577 ]
Index
Autrefois acquit, 519–20
BC Motor Vehicle Reference SCC, 80
Bedford case SCC, gross dispropor-
tionality, 68
Bergstrom case SCC, assisting in rape
and duress, 503
Bestiality, 11, 72, 88, 90, 145–52, 279, 299
Borowiec case SCC, disturbance of the
mind and infanticide, 499–500
BouchardLebrun case SCC, ecsta-
cy-induced toxic psychosis and
voluntariness, 534–35
Boulanger case SCC, s 9 and criminal
liability, 152
Boxing contests, 168–69
Brisson case SCC, excessive force as
self-defence, 488–90
Brodie case SCC
common law rule retained, 277–82
community standards and obscenity,
282–86
Buggery, 147–50
Burden of proof. See Evidence
Butler case SCC, obscenity tests, com-
munity standards, 289–95
Canada Gazette, mistake of law and, 468
Capacity. See also Incapacity
criminal responsibility, 378–79
excuse and moral involuntariness,
493–94
Carson case SCC, purposive analysis,
103–5
Carter case SCC, physician-assisted
suicide, 67, 71
Causation
culpable homicide, 219–26
death, 215–33
legal vs. factual, 217
mens rea, 222
Smithers/Nette test, 228
Charter of Rights and Freedoms (Charter)
dialogue metaphor re separation of
powers, 51–54, 52n52
extreme intoxication and, 548–49
fault and, s 7, 80–81
parliamentary sovereignty, 59–82
right of free expression, s 168(8)
CCC, 292–93
rights, internal limits on, 60–2
s 1
legislative objectives, 62–66
saveable legislation, 69
s 7
fairness and labelling, 340
instrumental rationality, 66–71
limits on defence expansion, 493
necessity defence, 486
proportionality, 512–14
s 11, sanity, 541–42
subjective fault, s 7, 334
unconstitutional legislation and,
53–54
vagueness challenges to legislation,
72–80
Charter values
criminal indecency cases, 295–97
interpretation, 127–32
limiting statutory defences, Tran
case, 498
sexual autonomy, 259
Chase case SCC, sexual assault, objec-
tive element, 425–29
Chaulke case SCC, sanity and the
Charter, 541–42
Clark case SCC, access, meaning of,
98–99
Colour of right, 452–53, 453n15
Common law defences. See also De-
fence(s)
s 8(3) and, 134–37
Common law duties to act, 152–63
criminal liability and, 154–60
duty to refrain, 161
pleas in mitigation, 160–63
weak authority for, 154–60
Common law evidence in statutory
interpretation, 90
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