Criminal Law
Cases
Five cases that decisively
influenced Canadian criminal law over the past two decades, from Provincial Courts of
Appeal to the Supreme Court of Canada, are made accessible here. Professor Verdun-Jones of
Simon Fraser University has edited and annotated the cases to set them against their legal
background and put them in a larger perspective.
The cases presented here supplement
Verdun-Jones’ textbook Canadian Criminal Cases: Selected Highlights.
Case 1:
Regina vs. Oommen
This 1994 case constitutes a dramatic illustration of the extent to which the
scope of mental disorder as a defence has been expanded.
Case 2: Regina
vs. Naglik
This 1993 case serves as an excellent example of the circumstances in which a
mere failure to act or provide the necessaries of life can constitute the actus reus
of a criminal offence.
Case 3: Dunlop
and Sylvester vs. The Queen
In this 1979 case, the Supreme Court of Canada delineated the basic actus
reus and mens rea requirements that the Crown must prove before an accused person may be
found to be a party to a criminal offence on the basis of aiding and abetting an offence.
Case 4: Regina
vs. Hill
This 1986 case constitutes an important statement by the Supreme Court of
Canada as to the nature and extent of the defence of provocation.
Case 5: Regina
vs. Mena
In this 1987 case, the Ontario Court of Appeal provided an exhaustive analysis of the
nature and scope of the common-law defence of duress.
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