Learning Canadian Criminal Procedure, Thirteenth Edition

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Learning Canadian Criminal Procedure, Thirteenth Edition, continues to focus on the tension between the rights of the accused and the interests of effective law enforcement. The book carefully integrates the ever growing body of Charter jurisprudence into the statutory and common law governing this area. It examines the chronological steps of criminal procedure jurisdiction, investigation, pre-trial procedure, trial process, and appellate review in order to gain an understanding of the general principles underlying criminal procedure and their evolution. A skillful selection of primary sources, combined with narrative text, questions, problems, and review exercises, the text provides readers with a tool to develop their ability to reason from general principles in this fast-moving subject.

The following major rulings from the Supreme Court are included :

• Saeed power to obtain penile swabs

• Paterson no case seizures, exigent circumstances, good faith under s.24(2)

• G.T.D. police asking whether detainee has anything to say violates s.10(b)

• Antic ladder approach to bail release

• Wong withdrawal of guilty plea

• Jordan presumptive ceilings to decide unreasonable trial delay (s.11(b))

• Cody attributing delay to defence counsel (s.11(b))

• Boudreault mandatory victim surcharge cruel and unusual punishment (s.12)

The authors incorporate and assess the complex response of the federal government in Bill C-75 to the new much tougher approach to unconstitutional delay by the Supreme Court in R. v. Jordan and what the Court saw as a «culture of complacency.» In the case of jury selection, the bill abolishes peremptory challenges and declares that challenges for cause is a matter for judicial discretion. This edition also examines a new Criminal Code Part VIII.1, which gives much stronger police powers to enforce driving while intoxicated by alcohol or cannabis, and Bill C-51 amendments that restrict cross-examination and production of third-party records in sexual assault cases in response to the controversial acquittal in R. v. Ghomeshi. A new chapter on the trend to successful s. 12 Charter challenges to mandatory penalties since Nur, Lloyd, and Boudreault has been added.


Practice Area:
Criminal Law and Procedure


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