The anatomy of criminal procedure: a visual guide to the law

1. POLICE POWERS

1.1 Search and Seizure

1.1(a) Search and Seizure Without a Warrant
1.1(a)(i) Which Warrantless Search Power Is Appropriate?
1.1(a)(ii) Search Incident to Arrest
1.1(a)(iii) Search Incident to Investigative Detention
1.1(b) Search and Seizure with a Warrant
1.1(b)(i) Is There a Section 8 Violation?
1.1(b)(ii) Which Warrant Is Appropriate?
1.1(b)(iii) Lower Standard Searches
1.1(b)(iv) Section 487 Search Warrants
1.1(b)(v) Higher Standard Searches
1.1(b)(vi) Section 487.01 General Warrants
1.1(b)(vii) DNA Warrants
1.1(b)(viii) DNA Databank Orders
1.1(b)(ix) Which Production Order Is Appropriate?
1.1(b)(x) Review of Warrants
1.1(c) Electronic Surveillance
1.1(c)(i) Which Wiretap Authorization Is Appropriate?
1.1(c)(ii) Consent Audio or Video Surveillance
1.1(c)(iii) Non-consent Audio or Video Surveillance
1.1(c)(iv) Applications to Open the Packet

1.2 Investigative Detention

1.2(a) Is There a Section 9 Violation?
1.2(b) Shades of Detention
1.2(c) Is a Person Psychologically Detained?

1.3 Compelling Appearance

1.3(a) Compelling Appearance Matrix
1.3(b) Compelling Appearance with Prior Judicial Scrutiny
1.3(c) Compelling Appearance Without Prior Judicial Scrutiny
1.3(d) Arrest Without a Warrant
1.3(e) Release of Persons Arrested with a Warrant
1.3(f) Release of Persons Arrested Without a Warrant

2. PRELIMINARY MATTERS

2.1 Judicial Interim Release

2.1(a) Show Cause Hearings
2.1(b) Forms of Release
2.1(c) Review of Judicial Interim Release Orders
2.1(d) Arrest of Accused on Interim Release
2.1(e) Review of Detention Where Trial Delayed
2.1(f) Release Pending Determination of Appeal

2.2 Jurisdiction

2.2(a) Jurisdiction over the Person
2.2(b) Temporal Limits on Jurisdiction
2.2(c) Territorial Jurisdiction
2.2(c)(i) Which Province Has Jurisdiction?
2.2(c)(ii) Extraterritorial Jurisdiction over Offences
2.2(c)(iii) Extraterritorial Jurisdiction and the Charter

2.3 Disclosure and Production

2.3(a) Disclosure
2.3(b) Production Orders
2.3(b)(i) Production Orders Under O’Connor
2.3(b)(ii) Statutory Production Orders

2.4 Determining the Mode of Trial

2.4(a) Determining the Mode of Trial
2.4(b) Ability to Re-elect

2.5 Pre-trial Motions

2.5(a) Publication Bans
2.5(b) Change of Venue
2.5(c) Fitness to Stand Trial
2.5(d) Language of Trial

3. THE TRIAL PROCESS

3.1 Informations and Indictments

3.1(a) Contents of Charges: Duplicity
3.1(b) Contents of Charges: Insufficiency
3.1(c) Joinder and Severance: Accused
3.1(d) Joinder and Severance: Counts

3.2 Jury Selection

3.2(a) Jury Selection
3.2(b) Challenge for Cause
3.2(c) Number of Members of a Jury

4. POST-TRIAL MATTERS

4.1 Appeals

4.1(a) Appeals by the Crown: Grounds
4.1(b) Appeals by the Crown: Possible Outcomes
4.1(c) Appeals by the Accused: Grounds
4.1(d) Appeals by the Accused: Narrowing the Bases for Success
4.1(e) Appeals by the Accused: Possible Outcomes

4.2 Special Post-conviction Procedures

4.2(a) Discharges
4.2(b) Fines
4.2(b)(i) Fines on Individuals
4.2(b)(ii) Fines on Organizations
4.2(c) Forfeiture of the Proceeds of Crime
4.2(c)(i) Post-conviction Forfeiture Orders
4.2(c)(ii) Third-Party Relief from Forfeiture Orders
4.2(d) Intermittent Sentences
4.2(e) Credit for Pre-sentence Custody
4.2(f) Sex Offender Registration
4.2(f)(i) Making a SOIRA Order
4.2(f)(ii) Duration of a SOIRA Order
4.2(g) Dangerous-Offender Orders
4.2(h) Long-Term Offender Orders

Table of Cases