This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors.
The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States.