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Unsettled Legacy: Thirty Years of Criminal Justice under the Charter

Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter’s influence over how crimes are defined, investigated and prosecuted.



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433471806
Publication Date: 2012-10-31
 
Price: $105.00
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    After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration.


    Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter’s influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in Canada.


    Features and Benefits

    • Essays in this unique collection authored by Canada’s leading criminal constitutional scholars
    • Analysis of all aspects of the Charter’s impact on the Canadian criminal justice system, from the legislative process to the imposition of a sentence
    • A detailed table of contents ensuring easy access to key concepts and ideas

    What You’ll Find in This Volume

    • Expert analysis of historic and current trends in criminal constitutional law
    • Penetrating insights into the Charter’s effects on how crimes are defined, investigated and prosecuted
    • In-depth analysis of the Charter’s strengths and weaknesses, including a critical evaluation of its effects on indigenous peoples, racialized minorities and victims of sexual violence

    Who Should Read This Book

    • Defence lawyers — Gain an understanding of the promise and limits of the Charter in our criminal justice system to better serve your clients
    • Crown prosecutors — Appreciate the historical and thematic trends in Charter jurisprudence on criminal justice to help in the search for balance between Charter claims and the public interest
    • Judges and academics — Engage with the reflections of leading criminal justice scholars critically examining the Charter's impact and contemplating future trends in the criminal justice system
    • Human rights advocates — Better equip yourself to assist those who continue to remain largely on the margins of the Canadian criminal justice system, including indigenous peoples, victims and racialized minorities

    Part I: Introduction
    Benjamin L. Berger and James Stribopoulos
    Part II: The Justness of Criminal Justice in Canada After 30 Years with the Charter
    Three papers contributed by: Don Stuart, Rosemary Cairns-Way & Kent Roach
    Part III: Substantive Criminal Law and its Limits
    Five papers contributed by: Alana Klein, Alan Young, Gerry Ferguson, Debra Parkes & Allan Manson
    Part IV: Due Process and its Limits
    Four papers contributed by: Steve Coughlan, Vanessa MacDonnell, Lisa Dufraimont & Steven Penney
    Part V: Gender Violence and Sexual Assault
    Three papers contributed by: Emma Cunliffe, Michael Plaxton & Martha Shaffer
    Part VI: Race, Culture, and Diversity
    Four papers contributed by: Carissima Mathen, Jonathan Rudin & Larry Chartrand

     

    Benjamin L. Berger, B.A., LL.B., LL.M., J.S.D.,


    Benjamin L. Berger, B.A., LL.B., LL.M., J.S.D., of the Bar of Ontario and British Columbia. Professor Berger is an Associate Professor at Osgoode Hall Law School, where he teaches criminal law, evidence, law and religion, and various topics in legal and constitutional theory. Professor Berger is also a member of the faculty of the Graduate Program in Socio-Legal Studies at York University. Prior to joining Osgoode Hall, he was a member of the Faculty of Law at the University of Victoria, where he was cross-appointed to the department of philosophy. He served as law clerk to the Rt. Honourable Beverley McLachlin, Chief Justice of Canada, and was a Fulbright Scholar at Yale University.

    James Stribopoulos, B.A., LL.B., LL.M., J.S.D.,


    James Stribopoulos, B.A., LL.B., LL.M., J.S.D., of the Bar of Ontario, is the Associate Dean and an Associate Professor at Osgoode Hall Law School where he teaches criminal law, criminal procedure and evidence in Osgoode's JD Program, while also serving as Co-Director of the Part-Time LL.M Program specializing in Criminal Law. In the past, he has served as Director of the Criminal Intensive Program, Director of Clinical Education, Director of Mooting and Editor-in-Chief of the faculty’s blog (TheCourt.ca). Professor Stribopoulos conducts research and publishes on topics related to criminal law, criminal procedure, evidence, comparative criminal procedure, the legal profession and the legal process.

     

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