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The Law of Search and Seizure in Canada, 10th Edition

Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.
Publication Language: English
In Stock
ISBN/ISSN: 9780433490845

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The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents. The book also analyzes the central role of the Charter of Rights in determining the legality of police action and the admissibility of evidence when constitutional protections are breached.

A Current and Essential Resource
Long relied on by judges, the criminal bar, law enforcement officials and academics across Canada, The Law of Search and Seizure in Canada provides a comprehensive resource for understanding the often blurred line between legal and illegal government action.

New in this Edition
The definitive source of Charter law and analysis, with commentary on the newest case law in search and seizure law, this new Tenth Edition is updated to account for "need to know" developments since the last edition, including:

  • Delineation of the constitutionality and allowable scope of provincial legislative schemes mandating automatic roadside licence suspensions following unsatisfactory alcohol screening results, as enunciated by the Supreme Court of Canada in Goodwin v. British Columbia (Superintendent of Motor Vehicles)
  • Evolution of the judicial understanding and application of the reasonable expectation of privacy, particularly in the context of the interception of private communications, such as the transmission and receipt of text messages (R v Marakah, R v Jones) and with respect to state access to online social media data (R v Mills)
  • The establishment of standing in circumstances involving third party cell phone use and data transmission as articulated by the Ontario Court of Appeal in R v Marakah and R v Jones
  • The limits of solicitor-client privilege in the context of lawyers' accounting records (Canada (National Revenue) v. Thompson) and the special protections offered to lawyers and notaries to protect professional secrecy when demands are made under s. 231.2 of the Income Tax Act, as set out by the Supreme Court of Canada in Canada (Attorney General) v. Chambre des notaires du Québec
  • Recent judicial guidance on the privacy implications of the warrantless seizure of, and access to, sensing diagnostic modules installed in many new automobiles (R. v. Fedan)
  • The definitive resolution by the Supreme Court of Canada in R v Alex as to whether the evidentiary shortcuts set out in ss. 258(1)I and 258(1)(g) of the Criminal Code require a lawful demand for a breath sample in order to be available to the Crown
  • Clarification of the law relating to warrantless penile swabs and the lawfulness of such searches as an incident to arrest (R v. Saeed)
  • The expectations of privacy within private residences, and the constraints placed on police activities therein, including within the context of emergency response calls and regulatory child welfare investigations (R. v. Noftalland R. v. Davidson)
  • Important developments in the law relating to pat downs and safety searches, and the application by appellate courts of the Supreme Court of Canada's ruling in R v MacDonald in cases such as R. v. McGuffie, R v Jupiter and R v Patrick
  • Detailed analysis on the Controlled Drugs and Substances Act search warrant provisions and the definition of "exigent circumstances", referencing the recent Supreme Court of Canada decision, R v Paterson
  • Recent and significant case law on the exclusion of evidence under Charter s. 24(2), especially with respect to the evolving application of the tri-partite test in R v Grant, as articulated by the Supreme Court in R v Paterson and provincial appellate courts in a number of wide-ranging decisions
  • The appropriate use of the voir dire with respect to the lawful actions of foreign law enforcement agencies (R. v. Mehan) and to determining the voluntariness of statements leading to a police search (R v Paterson)
  • Helpful appellate discussion, in cases such as R v Shrivattan and R v Reid, of the Garofoli-based "step six procedure", involving protection of confidential informants, redaction of information from the ITO, and rules governing cross-examination of affiants
  • Plus, updated commentary and analysis on crucial issues such as:
    • the sufficiency of information underlying search warrants
    • the establishment of reliability of confidential sources
    • constraints in the execution of search warrants
    • the impact of police actions on the lawfulness of a search and seizure and the exclusion of evidence
    • delineating the impracticality requirement for telewarrants
    • fines in lieu of forfeiture
    • the application of the Waterfield test and the role of articulable cause
    • Updated commentary on implied invitation to knock, including cases such as R v Parr and R v Rogers

Required Reading For:

  • Criminal Law Lawyers – whose clients rely on their expertise in this crucial area
  • Crown Counsel – whose case often stands or falls upon the admissibility of seized evidence
  • Judges – who need an understanding of the most current law and cases in order to rule appropriately
  • Law Enforcement Agents - the "front-liners" who simply have to know the limits of the law
  • Academics - in the field of criminal or privacy law who need a comprehensive analytical treatise

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Table of contents

Chapter 1: An Overview Of Search And Seizure Law
Chapter 2: Search Warrants
Chapter 3: Requirements Common to Both Search Warrants and the Supporting Information
Chapter 4: Search Warrant Information
Chapter 5: Duties of the Issuing Judge or Justice
Chapter 6: The Execution of Search Warrants
Chapter 7: Disposition of Seized Goods
Chapter 8: Duties of the Peace Officer in the Search and Seizure Process
Chapter 9: Reviewing a Search and Seizure Process
Chapter 10: Special Criminal Code and Other Search Powers
Chapter 11: Technical and Electronic Surveillance
Chapter 12: Controlled Substances Legislation
Chapter 13: Seizure of Bodily Samples
Chapter 14: Bawdy-Houses; Obscene Publications; Gaming Houses
Chapter 15: Powers Of Search under Certain Federal Statutes
Chapter 16: Search Powers under Provincial Statutes
Chapter 17: Computer-related Searches
Chapter 18: Warrantless Searches of Premises
Chapter 19: Warrantless Personal and Vehicle Searches
Chapter 20: Search and Seizure under the Charter Of Rights and Freedoms, Section 8 and Section 24
Chapter 21: Exclusion of Evidence
Chapter 22: Police Conduct in Section 24 Applications and Sub-Criteria
Chapter 23: Nature of the Evidence on a Section 24(2) Application and Various Sub-Criteria
Chapter 24: Effect of Other Charter or Statutory Breaches Combined with Section 8 Breach