Criminal Procedure in Canada, 2nd Edition
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Now in its second edition, Criminal Procedure in Canada explains the rules of criminal procedure in a clear, concise manner. Structured chronologically, the relevant rules and procedures are introduced and explained in the same sequence as the criminal process, offering a logical and intuitive organization. The Charter's innumerable effects on the criminal process are addressed seamlessly throughout the book. The authors' backgrounds in practice, in academia and on the bench results in a textbook that is both thorough and insightful.
This book provides a comprehensive overview of the criminal process, explaining the rules of criminal procedure clearly and concisely – ideal for prosecutors, defence lawyers, law students and judges.
What's Unique About This Book?
- Easy to use – Chapters are ordered chronologically, structured in the very way that an individual would move through the various stages of the criminal process, from investigation, pre-trial procedures, the trial, sentencing and appeals, which makes it easy to follow the process
- Ideal for novices and experts – the book gives the novice the context necessary to appreciate the significance of a rule of criminal procedure, while digging deep on specifics so that experts will still find the book a useful resource
- Forward looking – where there are gaps in the existing rules governing the criminal process, the authors make suggestions as to how they could best be filled. The authors also offer constructive criticism of existing rules in hopes of advancing future reform
- Treatment of the Charter – rather than treating the Charter as a separate topic, constitutional issues are infused throughout the book, and are discussed in the various contexts of criminal procedure
- Balanced perspective – the authors draw on their varied experiences as academics and practitioners to insightfully explain how the Charter of Rights and Freedoms, statutes and case law all come together to create the rules of criminal procedure in Canada today
New In This Edition
- Significant revisions on investigative detention and the meaning of "reasonable suspicion" referencing the Supreme Court of Canada decisions, R v MacKenzie and R v Chehil
- Detailed discussion of developments affecting searches of persons and digital devices, including the Supreme Court of Canada's recent decisions in R v Saeed and R v Fearon
- Revised discussion on the reasonable expectation of privacy, referencing Supreme Court of Canada decisions in R v Spencer, R v Cole, R v Quesnelle and R v Telus Communications Co
- New section on "The Mr. Big Rule", with a detailed discussion on false confessions, referencing the recent Supreme Court of Canada's decision in R v Hart
- Extended discussion on the right to counsel and the Supreme Court of Canada's decision in R v Taylor and the Ontario Court of Appeal's decision in R v Fountain
- Recent developments on the law of bail are fully incorporated, including explanation of the Supreme Court of Canada's decisions in R v St. Cloud and R v Antic and a new subsection on the Role of Gladue Principles for Indigenous accused securing bail
- New sections on Disclosure with respect to Inadvertent Disclosure and Breathalyzer Maintenance Records
- Enhanced discussion of the Prosecutorial Function, including the Supreme Court of Canada's decision in R v Anderson
- Significantly revised Chapter on Remedies, including extended discussion on Entrapment, Abuse of Process, Charter Damages, Exclusion of Evidence and the Supreme Court of Canada's decisions in R v Babos, Henry v British Columbia (Attorney General) and R v Paterson as well as the Ontario Court of Appeal's decision in R v Pino
- Significant revisions outlining the new analytical framework for how unreasonable delay claims should be decided, based on the recent Supreme Court of Canada decision in R v Jordan. Analysis includes discussion of the subsequent Supreme Court of Canada decision in R v Cody
- New developments in Jury Selection, including the Supreme Court of Canada's decision in R v Kokopenace
- New sections on Trial Procedure regarding State Funded Legal Representation, Language Rights, Religious Accommodation, Withdrawal of Counsel, Trial Management Powers of the Trial Judge, Position of the Accused in Courtroom and Interpreters
- Recent developments relating to the law of sentencing are detailed, including the impact of the Supreme Court of Canada's decision in R v Nur
Who Should Read This Book?
- Prosecutors and Defence lawyers – both veteran and novice criminal lawyers will find the text to be a concise resource on issues they grapple with on a daily basis, while the exhaustive footnotes will serve as an invaluable resource for more in depth research
- Judges – members of the judiciary can conveniently refer to a specific chapter as it applies to a particular stage of a criminal proceeding, for case references and full discussion of the pertinent rule of criminal procedure and for constructive suggestions on navigating gaps in existing rules
- Justices of the Peace - will find this work invaluable, as it addresses all aspects of their role within the criminal justice system, including a detailed discussion regarding search warrants and their issuance, intake procedures, and bail
- Law students – law students will find the overview of the Canadian criminal process useful to their study of the criminal justice system in Canada, while appreciating how complex areas of criminal procedure are explained concisely and logically
- Law libraries – invaluable addition to any collection of Canadian criminal law and procedure textbooks
- Criminologists – comprehensive reference guide on the formal rules of the Canadian criminal process
Table of contents
Chapter 1: An Overview of Criminal Procedure and Basic Concepts
Chapter 2: Detention and Arrest
Chapter 3: Search and Seizure
Chapter 4: Questioning
Chapter 5: Intake Procedures
Chapter 6: Bail
Chapter 7: Disclosure
Chapter 8: Prosecutorial Function
Chapter 9: Elections, Preliminary Inquiries, and Preferring the Indictment
Chapter 10: Remedies
Chapter 11: Information and Indictments
Chapter 12: Territorial Limits
Chapter 13: Temporal Limits
Chapter 14: The Plea
Chapter 15: Jury Selection
Chapter 16: Trial Procedure
Chapter 17: Sentencing
Chapter 18: Appeals
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