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 This thirteenth edition has been up-dated and clarified and out-of-date material excluded.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.