The Law of Search and Seizure in Canada, 12th Edition
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The Law of Search and Seizure in Canada, 12th Edition 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, 12th Edition provides a comprehensive resource for understanding the often blurred line between legal and illegal government action.
What’s New In This Edition
- Key rulings that provide significant guidance on police powers of arrest (Kosoian v. Société de transport de Montréal, Fleming v. Ontario) and especially with respect to the ancillary police powers doctrine (Fleming v. Ontario)
- Clarification of the application to corporations of the s. 12 Charter right against cruel and unusual treatment or punishment (Quebec (Attorney General) v. 9147-0732 Québec inc.)
- Limits on police powers to search protestors or prevent entry into public spaces (Stewart v. Toronto (City) Police Services Board)
- Delineation of the parameters of “police diligence” required when applying for search warrants (R. v. Le)
- Clarification of the circumstances needed to furnish grounds for an investigative detention (R. v. Buchanan)
- Refinements in the application of what constitutes an expectation of privacy sufficient to trigger Charter s. 8 protection (R. v. Wawrykiewycz, R. v. Arnault, R. v. LeBlanc and R. v. Labelle, among many examples)
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
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