TABLE OF CONTENTS

Cover Letter To Final Report

Acknowledgements

Self Defence Review Staff

Self Defence Review Terms Of Reference

Foreword - To the Applicants

Summary of Final Report

CHAPTER 1 - INTRODUCTION AND OVERVIEW OF THE REVIEW PROCESS

1. General Remarks

2. Overview

Stage 1: Organization

Stage 2: Outreach to Potential Applicants

Stage 3: First Screening and Appointment of Regional Legal Counsel for Applicants

Stage 4: File Building and Analysis

Stage 5: Personal Interviews - Conclusions and Recommendations

Stage 6: Reports

CHAPTER 2 - THE AMBIT AND SIGNIFICANCE OF LAVALLÉE

1. R. v. Lavallée

2. Evidence of Abuse and Battered Woman Syndrome

CHAPTER 3 - STANDARD OF REVIEW

1. Introduction

2. The Royal Prerogative of Mercy

3. Minimum Standards of Review

Table I - Summary of the Minimum Standards of Review and the Corresponding Remedies Relating to Self Defence Employed by the Self Defence Review for Pre-Lavallée Convictions

Table II - Summary of the Minimum Standards of Review and the Corresponding Remedies Relating to Self Defence Employed by the Self Defence Review for Post-Lavallée Convictions

Table III - Summary of the Minimum Standards of Review and the Corresponding Remedies Relating to Sentencing Employed by the Self Defence Review

(a) Threshold Standards

(b) Substantive Standards

(i) Definitions of Self Defence

(ii) The Standard Relating to Weight

(iii) Summary of Minimum Standards of Review for Pre-Lavallée and Post-Lavallée Convictions

(c) Sentencing Standards

(i) General Parameters

(ii) The Defence of Provocation

(iii) Summary of Minimum Standards of Review Relating to Sentencing and Remedies

CHAPTER 4 - SUMMARY OF 98 CASES AND RECOMMENDATIONS

1. Summary of Each of the Cases of the 7 Applicants for Whom a Recommendation Has Been Submitted to the Minister of Justice of Canada and the Solicitor General of Canada

(a) Cases Where the Applicant's Claim of Self Defence Succeeded

(b) Cases Where The Applicant's Claim of Self Defence Failed But The Evidence Relevant to Self Defence Supports A Defence of Provocation

(c) Cases Where the Applicant's Claim of Self Defence Failed but the Evidence Relevant to Self Defence Relates to a Legal Issue That Should be Heard by an Appeal Court

(d) Summary of Remedies Contained in the 7 Self Defence Review Recommendations and Each Applicant's Present Release Status

2. Summary of the Cases of the 91 Applicants Who Did Not Succeed in their Claim of Self Defence and for Whom No Other Recommendation Could be Made

CHAPTER 5 - REFORM POSSIBILITIES

1. The Current State of the Law of Self Defence

2. Law Reform Proposals Relating to Self Defence

(a) The Law Reform Commission of Canada

(b) The Canadian Bar Association

(c) The Parliamentary Sub-Committee on the General Part

(d) The Government White Paper and Consultation Paper

(e) The Feminist Review of Criminal Law

3. Problems in the Law Disclosed by the Self Defence Review

(a) Complexity of the Law of Self Defence

(b) Lack of Guidance

4. A Reformed Law of Self Defence

(a) Features of a Reformed Law of Self Defence

(b) A Model Self Defence Law

5. Sentencing for Homicide

(a) The Existing Law

(b) The Problem - The Pressure to Plead Guilty

(c) Charge Screening

(d) Guidelines for Prosecutors

(e) Sentencing Reform

CHAPTER 6 - SUMMARY OF LAW REFORM RECOMMENDATIONS

APPENDIX

Appendix A - Application for Review

Appendix B - Personal Information Form

Appendix C - Letter to Applicants Asking for Their Story

Appendix D - Case Summary

Appendix E - List of Closed Files

Appendix F - Prosecutorial Guidelines

1. Justice Canada - Crown Counsel Policy Manual

2. Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure and Resolution Discussions (Martin Committee Report)

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