Citation Style: Canadian Guide to Legal Citation
In his classic work, Punishment and Modern Society, David Garland claims that criminal law
“communicates meaning not just about crime and punishment but also about power,
authority, legitimacy, normality, morality, personhood, social relations, and a host of other
tangential matters.” (252) Discuss how this
quotation might be applied to Canadian criminal law. In your analysis, you should examine
specific examples of Canadian cases or Canadian Criminal Code provisions related to three of the topics listed
below. You are welcome to discuss additional examples outside these topics as well, though
exercise caution in spreading your paper too thin at the cost of providing in-depth analysis.
Suggested cases have been added to the list of topics below. While you are not required to
choose from these cases, I strongly encourage you to consider doing so as they will help you
focus your research. It is not necessary to discuss all of the cases listed for any given topic.
Instead, focus on developing analysis. A reminder that you will also want to consider
secondary literature (eg academic commentary) in your analysis.
1. Actus reus:
a. R v Smithers, [1978] 1 SCR 506
b. R v Browne, [1997] OJ No 2025 (ONCA)
2. Mens rea
a. R v Ewanchuk, [1999] 1 SCR 330
b. R v Buzzanga and Durocher (1979), 25 OR (2d) 705 (ONCA)
3. Defences
a. R v Latimer, [2001] 1 SCR 3
b. R v Lavallee, [1990] 1 SCR 852
4. Constitutional issues
a. Canada v Bedford, 2013 SCC 72
b. R v Malmo-Levine, 2003 SCC 74
5. Regulatory offences
a. R v Sault Ste Marie, [1978] 2 SCR 1299
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