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Unsettled Legacy: Thirty Years of Criminal Justice under the Charter
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After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration.
Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these criminal law essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in Canada.
Features and Benefits
- Essays in this unique collection authored by Canada's leading criminal constitutional scholars
- Analysis of all aspects of the Charter's impact on the Canadian criminal justice system, from the legislative process to the imposition of a sentence
- A detailed table of contents ensuring easy access to key concepts and ideas
What You'll Find in This Volume
- Expert analysis of historic and current trends in criminal constitutional law
- Penetrating insights into the Charter's effects on how crimes are defined, investigated and prosecuted
- In-depth analysis of the Charter's strengths and weaknesses, including a critical evaluation of its effects on indigenous peoples, racialized minorities and victims of sexual violence
Who Should Read This Book
- Defence lawyers - Gain an understanding of the promise and limits of the Charter in our criminal justice system to better serve your clients
- Crown prosecutors - Appreciate the historical and thematic trends in Charter jurisprudence on criminal justice to help in the search for balance between Charter claims and the public interest
- Judges and academics - Engage with the reflections of leading criminal justice scholars critically examining the Charter's impact and contemplating future trends in the criminal justice system
- Human rights advocates - Better equip yourself to assist those who continue to remain largely on the margins of the Canadian criminal justice system, including indigenous peoples, victims and racialized minorities
Table of contents
Part I: Introduction
Benjamin L. Berger and James Stribopoulos
Part II: The Justness of Criminal Justice in Canada After 30 Years with the Charter
Three papers contributed by: Don Stuart, Rosemary Cairns-Way & Kent Roach
Part III: Substantive Criminal Law and its Limits
Five papers contributed by: Alana Klein, Alan Young, Gerry Ferguson, Debra Parkes & Allan Manson
Part IV: Due Process and its Limits
Four papers contributed by: Steve Coughlan, Vanessa MacDonnell, Lisa Dufraimont & Steven Penney
Part V: Gender Violence and Sexual Assault
Three papers contributed by: Emma Cunliffe, Michael Plaxton & Martha Shaffer
Part VI: Race, Culture, and Diversity
Four papers contributed by: Carissima Mathen, Jonathan Rudin & Larry Chartrand