Preface to the sixth edition

• Author: Kent Roach
• Profession: Faculty of Law and Centre of Criminology.University of Toronto
• Pages: 23-25

xxiii

PR EFACE

TO THE SIXTH EDITION

This book is designed to provide a concise a nd current discussion of

the basic principles of Canadian crimi nal law. To this end, the heart of

this book exam ines the principles of the general part of the criminal

law: the elements of offences and the relevant defences. It follows the

traditional conceptuali zation of the general part, but it exam ines un-

fulf‌illed cri mes and participation in cr imes earlier th an other works

because of their great practical importance and t heir effective expan-

sion of the prohibited act. Regulatory offences and corporate cr iminal

liability are examined together because of their f unctional and context-

ual similar ities.

A few chapters attempt to place the general principles of the cri minal

law in context. Chapter 1 provides an over view of all the topics exam-

ined in the book. Chapter 2 examines the constitutional principles that

affect the investigation of crime, t he criminal t rial process, and the

substantive criminal law as they rel ate to fault requirements and de-

fences. This chapter has been extensively re-written in this edition to

ref‌lect the greater clar ity about the content of the principles of funda-

mental justice in the wake of the Supreme Court’s decision in Canada

(A.G.) v. Bedford1 and Carter v. Canada (A.G.).2

The Court’s welcome reaff‌irmation of common law presumptions

of subjective fault is discussed in Chapter 5. The Supreme Court has

1 2013 SCC 72 [Bedford].

2 2015 SCC 5.