Professor Sankoff's Guide To Criminal Defences
Second Edition Now Available
CDE Publishing is excited to introduce a book that will help legal professionals understand the complex world of justifications, excuses and other forms of defence. IntroducingĀ Professor Sankoff’s Guide to Criminal DefencesĀ ā a comprehensive resource written by Professor Peter Sankoff. Within the pages of this carefully crafted resource, you’ll learn everything you need to know about the defences relied upon to avoid convictions in criminal cases. From self-defence to necessity, alibi to mental disorder, Professor Sankoff provides clear explanations and practical insights that will enhance your understanding & application of these concepts.
The book opens by looking at the role defences play in the criminal justice system, what it means to āraise a defenceā, the origin of defences, and a look at the conceptual underpinnings of justifications and excuses. After examining the burden of proof, Professor Sankoff analyzes the most significant ānon-defenceā defences, including mistake, accident, consent and alibi. From there, he addresses a variety of procedural defences, before turning to chapters on mental disorder, automatism and intoxication. The book finishes with detailed coverage of general defences like defence of person and duress, and qualified defences such as provocation.
The second edition (e-book) was released in February 2026, and contains current cases to the end of 2025.
Read an excerpt:
Whether you’re a seasoned lawyer looking to learn more, a judge in search of reliable guidance or a recent law graduate entering the courtroom, Professor Sankoff’s Guide to Criminal Defences is an invaluable companion. It equips you with the tools and strategies needed to advocate for clients effectively and understand the complexities in this area.
Table of Contents
Chapter 1 ā The Role Played by Defences
(a) Structuring Defences in Canadian Law
(b) What Does it Mean to āRaise a Defenceā?
(c) The Origin of Defences
(d) Justifications and Excuses
(e) The Future of Defences
Chapter 2 ā The Burden of Establishing Defences
(a) The Burden of Proof: Generally
(b) Reversing the Burden
(c) The Evidential Burden: The āAir of Realityā Test
Chapter 3 ā Non-Defence āDefencesā
(a) Mistake of Fact
(b) Accident
(c) Alibi
(d) Lawful or Reasonable Excuse
Chapter 4 ā Procedural Defences and the Special Pleas
(a) Abuse of Process
(b) Entrapment
(c) Officially Induced Error
(d) The Special Pleas
(e) Issue Estoppel
(f) Retroactivity
Chapter 5 ā Mental Disorder and Automatism
(a) Not Criminally Responsible because of Mental Disorder: Origins
(b) Disease of the Mind
(c) Appreciate Nature and Consequences
(d) Legally and Morally Wrong
(e) Irresistible Impulses
(f) The Automatism Defence
(g) Distinguishing Automatism from Mental Disorder
(h) Burden of Proof
(i) Fitness to Stand Trial
Ā
Chapter 6 ā Intoxication
(a) Intoxication and General Principles of Liability
(b) Involuntary Intoxication
(c) Intoxication and Mental Disorder
(d) Specific Intent Crimes
(e) General Intent Crimes and the Law of Intoxication
(f) Extreme Intoxication
Chapter 7 ā General Defences
(a) Duress
(b) Necessity
(c) Defence of Person
(d) Defence of Property
(e) Authorized by Law
(f) Due Diligence
(g) De Minimis
Ā
Chapter 8 āLimited and Qualified Defences
(a) Colour of Right
(b) Correction of Child
(c) Provocation
(d) Infanticide
(e) Unrecognized Qualified Defences
Take Advantage of our Book Packages
Professor Sankoff’s Guides (the Ultimate Book Package)
The ultimate Package includes the printed editions of
Professor Sankoffās Guide to Criminal Defences (Second Edition),
Professor Sankoffās Guide to Persuasive Legal Writing, &
Professor Sankoff’s Guide to Canadian Animal Protection Law
for $219 (reg.$258)
(+GST & $25 shipping, price at checkout includes shipping costs)
The Complete Collection
Get our complete collection. This package includes
- Professor Sankoff’s Guide to Persuasive Legal Writing
- Professor Sankoff’s Guide to Criminal Defences
- Professor Sankoff’s Guide to Canadian Animal Protection Law
- Top Criminal Cases 2024: Tributes, Critique and Commentary
(final price at checkout includes the shipping costs of the printed copy)
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