Product Details
342 pages
1 volume bound
Canada Law Book

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Prosecutorial Misconduct, Second Edition
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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.

About the Author

Robert J. Frater, Q.C., is Chief General Counsel with the federal Department of Justice. He is a member of the Ontario Bar and is a past member of the Northwest Territories and Nunavut bars. Mr. Frater has argued numerous high-profile cases in the Supreme Court of Canada, and has also appeared in appellate courts in several provinces and territories. He has lectured and written on a wide variety of topics, including criminal law, constitutional law, and advocacy, and taught a Masters of Law course on prosecutorial ethics at the University of Auckland, New Zealand. He is also a co-author of Cannabis Law, Cannabis Law: The Legislative Framework,Cannabis Law, Drug Offences in Canada, Fourth Edition, and author of Prosecutorial Misconduct, Second Edition, all published by Thomson Reuters.

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