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
Who Should Read This Book
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., 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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