The Long and Complex Journey From Allegation to Proof of a Crime: Cases and Commentaries
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Focus of this Resource
The emphasis of these commentaries and case excerpts is on the requirements the Crown must meet in order to prove a criminal case against an accused. The focus of this resource is on offences which are contained in the Criminal Code of Canada, R.S.C., 1985, c. C-46 (“Criminal Code”). This is an educational resource aimed at assisting persons in understanding the basic thresholds the Crown must meet to prove a criminal offence. Authority for the content in the commentaries is sometimes provided in case references in that section, but more commonly relies on the case excerpts provided after the commentary. This resource does not address all rules and steps in the Crown’s proof of an offence, and does not provide a comprehensive analysis of those issues of proof which are discussed. The case excerpts and cases referenced in the commentaries are intended to provide an educational overview of the core requirements for proving an offence, but do not necessarily represent the current law on each requirement, or cover all requirements.
Defences
This resource does not include defences that can be raised by an accused. These include defences which apply after the Crown has proven all the required elements of the offence (for example, self-defence, provocation, necessity, duress), defences which prevent the Crown from being able to prove an element of the offence (for example, mistake of fact, consent, intoxication), or defences which may put an accused outside the scope of criminal responsibility (for example NCRMD, automatism). Analysis of defences is equally critical to proof of guilt. Certain defences can result in an accused being fully acquitted (for example, self-defence), only guilty of an included offence (for example, provocation, advanced intoxication), or acquitted but potentially subject to liberty restrictions (for example, NCRMD, automatism). All potential defences must be assessed in order to determine whether an accused can be convicted of an offence.
Two excellent open source educational resources, which include analysis of many defences and other critical aspects of criminal proceedings, are The Criminal Law Ebook, Brent Anderson, Joven Narwal and Tony Paisana (eds.), Canadian Legal Information Institute, 2022 CanLIIDocs 3273, and Benjamin Perrin et al, Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives, Canadian Legal Information Institute, 2nd ed (2025), 2023 CanLIIDocs 316.
Admissibility of Evidence
This resource does not include an analysis of the admissibility of evidence in criminal proceedings, such as character evidence, hearsay evidence, expert testimony, evidence subject to exclusion under the Charter, and common law rules concerning the admissibility of statements. The admissibility of evidence is a critical issue in any criminal proceeding, and the exclusion of evidence can make it more difficult, or impossible, for the Crown to prove its case. For an open access educational resource on the rules of evidence, with a particular emphasis on criminal proceedings, see the author’s CANLII publication, The Fundamentals of the Law of Evidence: Cases and Commentaries, Canadian Legal Information Institute, 2026 CanLIIDocs 24.
Publication Date
2026
Publisher
Canadian Legal Information Institute
Disciplines
Criminal Law | Law