Charter Justice in Canadian Criminal Law
Charter Justice in Canadian Criminal Law

Author: Don Stuart

Publisher:

Published: 2010

Total Pages: 692

ISBN-13:

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"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.

Constitutionalizing Criminal Law
Constitutionalizing Criminal Law

Author: Colton Fehr

Publisher: UBC Press

Published: 2022-04-01

Total Pages: 267

ISBN-13: 0774867698

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Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.

Due Process and Victims' Rights
Due Process and Victims' Rights

Author: Kent Roach

Publisher: University of Toronto Press

Published: 1999-01-01

Total Pages: 414

ISBN-13: 9780802009319

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A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

Twenty Years of the Charter and Criminal Justice
Twenty Years of the Charter and Criminal Justice

Author: Kent Roach

Publisher:

Published: 2008

Total Pages: 14

ISBN-13:

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This article examines the effects of the Charter on selected criminal justice topics such as search and seizure, right to counsel, the trial process, the substantive criminal law and issues relating to the liberty of the subject. In order to help capture the complexity and ambiguity of the Charter's effects on criminal justice the essay is structured as a dialogue between three interlocutors: a charter optimist, a charter realist and a charter sceptic.

The Oxford Handbook of the Canadian Constitution
The Oxford Handbook of the Canadian Constitution

Author: Peter Crawford Oliver

Publisher: Oxford University Press

Published: 2017

Total Pages: 1169

ISBN-13: 0190664819

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The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.