Product Details
978-0-7798-9142-9
Book
Approximately 1170 pages
1 volume bound
softcover
2019-08-07
Carswell

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Learning Canadian Criminal Procedure, Thirteenth Edition
By: Don Stuart, B.A., LL.B., Dipl. In Criminology, D. Phil., Tim Quigley, B.Sc., LL.B., LL.M.
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Description

Learning Canadian Criminal Procedure, Thirteenth Edition focuses on the tenstion between the rights of the accused and interests of effective law enforcement

This casebook focuses on the tension between the rights of accused, especially since the Charter of Rights and Freedoms, and the interests of effective law enforcement.  This thirteenth edition has been up-dated and clarified and out-of-date material excluded. The authors have given full consideration to the following recent major rulings from the Supreme Court:

  • 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 a 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  which restricts 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 section 12 Charter challenges to mandatory penalties since Nur, Lloyd and Boudreault has been added.

About the Author

Don Stuart is Emeritus Professor of Law at Queen’s University. He is Editor-in-Chief of the Criminal Reports (Thomson Reuters) and of the National Judicial Institute, Criminal Law Essentials eletter (sent to over 1200 judges). He is author of Canadian Criminal Law: A Treatise, 7th ed. (2014) and Charter Justice in Canadian Criminal Law, 7th ed. (2018) and co-author of Learning Canadian Criminal Law, 14th ed. (2018) and Evidence: Principles and Problems, 12th ed. (2018), all published by Thomson Reuters.

Tim Quigley is Emeritus Professor of Law at the University of Saskatchewan. He is an Associate Editor of the Criminal Reports and the N.J.I.’s Criminal Essentials eletter. He is also the author of Procedure in Canadian Criminal Procedure, 2nd. ed. (2005: loose-leaf), and a co-author of Learning Canadian Criminal Procedure, both published by Thomson Reuters