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The Law of Search and Seizure in Canada, 11th 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

Hardcover | 1,696 pages

In Stock
ISBN/ISSN: 9780433500698

Product description

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.

What’s New In This Edition

  • Supreme Court of Canada rulings on the application of the reasonable expectation of privacy touchstone 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)
  • Delineation of the reasonable expectations of privacy in jointly shared digital devices seized by police from within a shared residence, where consent to the search and seizure has been lawfully provided by one of the residents (R. v. Reeves)
  • Recent emerging case law dealing with the interception of cell phone transmissions using mobile device identifiers and Stingray technology (X, Re, R. v. Tang and R. v. Truax)
  • A determination of the boundaries of reasonable expectation of privacy in public settings, including that held by students when being videotaped in school without consent and for a sexual purpose (R. v. Jarvis)
  • Important legal clarification of the law relating to investigative detention and the authority of police to enter a residential backyard without appropriate justification (R. v. Le)
  • Important refinements by the Supreme Court of Canada to the Lessard framework for considering applications for search warrants and production orders relating to the media (R. v. Vice Media Canada Inc.)
  • Judicial analysis of the law relating to abandonment in the context of samples of bodily substances for the purposes of forensic analysis (D'Amico v. R) and with respect to vehicles (R. v. Cuff)
  • Detailed new commentary on the recent significant changes to the Criminal Code relating to driving while impaired, including the introduction of new Part VIII.1, mandatory roadside breath tests, the law governing the taking of blood samples, and the impact of the legalization of cannabis in Canada

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

Featured Authors

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