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The Law of Investigative Detention, 2nd Edition

Written by a thirty-year veteran lawyer who has argued cases for both the Crown and defence, this book, unlike any other criminal law textbook, provides a comprehensive legal analysis of the doctrine, covering every significant aspect, from the types of investigative detention, to the ways in which it can be challenged (or upheld).



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433467694
Publication Date: 2013-01-31
 
Price: $70.00
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    The body of law surrounding investigative detention continues to grow, and this practical textbook, now in its second edition, contains the latest developments in the law, as seen from three recent Supreme Court of Canada cases. Written by a thirty-year veteran lawyer who has argued cases for both the Crown and defence, this book, unlike any other criminal law textbook, provides a comprehensive legal analysis of the doctrine, covering every significant aspect, from the types of investigative detention, to the ways in which it can be challenged (or upheld). This useful guide provides a "roadmap" for any criminal law practitioner whose clients have been in - or are about to face - investigative detention.


    What's New in This Edition

    • Examines three recent Supreme Court of Canada cases, R. v. Grant, R. v. Suberu and R. v. Nolet, covering fundamental issues such as:
      • When a detained person is entitled to the right to counsel
      • Exclusion of evidence
      • How the doctrine applies - and is developing - with respect to detentions that occur at commercial vehicle stops
      • Whether a detention can be based on a "suspected" offence rather than a "known" offence
      • Relationship of an investigative detention to a subsequent deployment of a detector dog
    • New coverage of case law concerning motor vehicle detention legislation under various provincial Highway Traffic acts
    • Updated annotations and citations for related cases under each subject area; serves as an excellent starting point for further research in this area of law

    Book Features

    • Rather than just focusing on the theoretical aspects of investigative detention, this book takes a practical approach, and teaches lawyers what to do in the event their clients face investigative detention
    • Covers all the different types of investigative detention: physical, psychological, motor vehicle stops
    • Looks at issues that flow from an investigative detention, such as the infringement of Charter rights, search and seizure, and resisting unlawful detention
    • Discusses the ways in which investigative detentions can be challenged (or upheld)
    • Civil remedies for investigative detentions
    • Suggestions for reform of the law of investigative detention

    Who Should Read This Book

    • Criminal law practitioners - Helps lawyers argue cases involving investigative detentions, and provides the most recent updates in the law
    • Paralegals and clerks - Useful guide when dealing with investigative detentions in the context of motor vehicle offenses
    • Crown prosecutors - Discusses the ways in which investigative detention can be attacked (or legally justified)
    • Judges - Informs judges of all key issues whenever ruling on cases involving investigative detention

    Chapter 1: Investigative Detention
          1.1 Introduction – History, Development and Critiques of the Investigative Detention Doctrine
          1.2 Types of Detention
          1.3 Motor Vehicle Stops
          1.4 Case Law – The Common Law Detention Criteria Considered
          1.5 Charter Rights in Investigative Detention – Sections 7, 8, 9, 10(a) and 10(b)
          1.6 Search and Seizure Incident to Investigative Detention
          1.7 Resisting an Unlawful Detention
    Chapter 2: Exclusion of Evidence
    Chapter 3: Challenging an Investigative Detention – Evidentiary and Practical Issues
    Chapter 4: Civil Remedies
    Chapter 5: Reforming Investigative Detention
    Chapter 6: Conclusion
    Appendix A – Provincial Highway Legislation Authorizing Peace Officers to Stop Vehicles
    Appendix B – Police and Criminal Evidence Act and Code A

     

    Alec Fiszauf, LL.B.


    Alec Fiszauf, LL.B., is a criminal lawyer with Kruse Law Firm, a criminal law boutique firm specializing in DUI cases. He has appeared in trial courts all over southern Ontario. Mr. Fiszauf has focused on criminal trials and appeals, but has also conducted numerous cases in the family and civil law areas, including civil appeals. He acted as a Federal Prosecutor for 8 years.


    He has appeared in every level of court in Ontario as well as the Supreme Court of Canada. Mr. Fiszauf was one of the few lawyers in the area who argued appeals in the Ontario Court of Appeal. He has extensive impaired driving trial experience and has successfully conducted appeals in this area of law. Mr. Fiszauf has also taught the Bar Admission Course and McMaster University. He is also a former Deputy Judge of the Small Claims Court.

     

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