Product Details
978-0-7798-8294-6
Book
Approximately 820 pages
1 volume bound
softcover
2018-02-28
Carswell

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Charter Justice in Canadian Criminal Law, 7th Edition
By: Don Stuart, B.A., LL.B., Dipl. In Criminology, D. Phil.
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Description

This influential text provides a critical review of how the Charter of Rights and Freedoms is being applied in the criminal courts by the Supreme Court, courts of appeal and trial judges. Important decisions and scholarly arguments are examined and updated.

Major Supreme Court decisions included in this edition are:

  • Carter: prohibition against doctor assisted suicide overbroad contrary to s.7
  • MacDonald: police search on public safety ground requiring reasonable grounds
  • Fearon: police search of cell phones incident to lawful arrest
  • Saeed: penile swabs incident to arrest authorised if manner reasonable
  • Taylor: section 10(b) rights applying where suspect taken to hospital
  • Hart and Mack: Mr. Big confessions admissible if probative and not abusive
  • Anderson: revised approach to reviewing prosecutorial discretion
  • St-Cloud: public confidence ground to deny bail not only for rare use
  • Antic: re-enforcing ladder approach for bail
  • Kokopenace: lack of indigenous people on jury polls not violating rights to jury
  • Jordan: presumptive ceilings for s.11(b) right to trial within reasonable time
  • Paterson: confirming Grant approach to robust s.24(2) exclusion of evidence
  • Nur and Lloyd: section 12 grossly disproportional challenges to mandatory minimums
About the Author
Don Stuart, B.A., LL.B., Dipl. in Criminology, D. Phil., is Professor of Law at Queen's University. He is Editor-in-Chief of the Criminal Reports (law report series, Carswell) and of the National Judicial Institute, Criminal Essentials e-letter. He is the author of Canadian Criminal Law: A Treatise, 7th Ed. 2014 (Carswell) and Charter Justice in Canadian Criminal Law, 6th Ed. 2014 (Carswell) and co-author of Learning Canadian Criminal Law and Learning Canadian Criminal Procedure.