The Long and Complex Journey From Allegation to Proof of a Crime: Cases and Commentaries

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.