Canadian Criminal Cases Annotated

A Series of Reports of Important Decisions in Criminal and Quasi-Criminal Cases in Canada Under the Laws of the Dominion and of the Provinces thereof, with Special Reference to Decisions Under the Criminal Code of Canada, 1892, in All the Provinces; with Annotations, a Table of Cases Cited and a Digest of the Principal Matters.

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... case, the original must be produced and it must appear that it is still in force. Re Bongard (1900), 6 Can. Cr. Cas. 74. Proceedings upon foreign warrant. The foreign warrant need show nothing more than the fact that it has been iwued by some competent authority, and is, in fact, an official document for the arrest of the prisoner. The provisions relating to evidence provide the real safeguard against improper extradition. It is essential to the delivery up of the prisoner that it should appear upon the evidence given before the magistrate that he might have been committed for trial for one or other of the crimes mentioned in the schedule if he had done here the act which he is alleged to have done in a foreign country. Reg. v. Jacobi (1881), 46 L.T., page 595 n. The same view is substantially adopted in Reg. v. Ganz (1882), 46 L.T. 592. Property found in fugitive's possession. Section 18 of the Act provides as follows: --18. Everything found in the possession of the fugitive at the time of his arrest, which may be material as evidence in making proof of the crime, may be delivered up with the fugitive on his surrender, subject to all rights of third persons with regard thereto. 40 V., c. 25, s. 19. "Reasonable doubt," doctrine of. At a criminal trial the rule is for a jury to give the benefit of a reasonable doubt to the accused, but at a preliminary enquiry when there is a doubt in the case, a contrary rule prevails, and it must go in favor of committal, not in favor of discharge. Ex parte Feinberg, 4 Can. Cr. Cas., at page 275; Shirley on Magisterial Law, p. 43. The evidence to justify the holding of an accused for trial is only such as amounts to probable cause to believe him guilty. It is not necessary that it be...

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...provision of the Criminal Code abolishing all pleas in abatement the iemedy is by motion to quash. I also agree with Cross, J., that the view that the phrase "any objection to the constitution of the grand jury'; (Crim. Code 899, sec. 2), covers only objections based on lack by jurors of qualifications expressly prescribed by provincial statute law, or on disqualification of the officer charged with the duty of selecting and summoning the grand jury, seems to be too narrow. Anything which destroys the competency of the grand jury as a whole or the competency of any of its members, I think, affects the constitution of that body and affords a ground of objection which may be raised by a motion to the Court under sec. 899. A grand juror may be well qualified as to all the cases on the docket save one and wholly unfit to pass upon that one. As to that case the jury would not be properly constituted while he sat upon it. In The King v. Hayes, 9'Can. Cr. Cas. 101, the contrary view was taken, apparently based largely upon what, with respect, would appear to have been a misconception of sec. 662 of the Criminal Code then in force.. "Every person qualified and summoned as a grand or petit juror, according to the laws in force for the time being in any Province of Canada, shall be duly qualified to serve as such juror in criminal cases in that Province." Apart from any question as to the constitutional validity of this section as a provision dealing with the constitution of the Court rather than with criminal procedure, it should be noted that the qualification which it declared sufficient was not merely that prescribed by the provincial statute law, but qualification "according to the laws in force for the time...

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...case against Limoges, made a serious error. In any case, on the night of the escapade and of the alleged offence, as well as at the time the information was laid, the child had not yet been convicted, so it is difficult to see what relevancy the conviction possessed except possibly under the words "contributing" and "becoming" as used in section 29 of the Act. The allegations in the affidavits that the first adjournment to the 24th of October was for the purpose of giving judgment are not contradicted and are indeed confirmed by the magistrate's use of the words referring to what he did on the 29th--"I open the case." It seems to be clear under the authorities that this is fatal to a conviction. My view of the proper interpretation of section 29, if it were necessary to express a definite opinion, would be that before a person can be guilty of an act "contributing to a child's becoming a juvenile delinquent" the child must in law and fact have become a "juvenile delinquent." The Act does not use any words implying that an act which is of such a nature as to be likely to cause the child to become a delinquent, where the child is not shewn to have become such, is an act which is prohibited. One of the grounds given by the magistrate for holding that the child become a delinquent, viz: --that of the violation of a town by-law is clearly untenable for the reason I have mentioned above. _ The suggestion that she was in the company of a prostitute is, I--think, not sustained by the evidence. I do not think there was evidence from which the magistrate could reasonably infer that the elder sister was a prostitute. She may have fallen and probably did fall, but there is not...

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.