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ISBN: 9781552214183

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Criminal Procedure 3/e

This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.

This third edition updates the law in all areas of criminal procedure. The chapter on powers of search and seizure has been completely rewritten to take into account significant new decisions, including, among others, Spencer, on internet anonymity; Vu, on searches of computers; TELUS Communications, on text messaging and wiretap authorizations; MacDonald, on safety searches; and Fearon, on search of cell phones incident to arrest. It also covers the various statutory changes made to search powers by the Protecting Canadians from Online Crime Act.

Steve Coughlan

Steve Coughlan is a professor at the Schulich School of Law, Dalhousie University. He is the author of Criminal Procedure (Irwin Law, 2008, 2012, and 2016) and many other books, as well as a co-author of the Annual Review of Criminal Law. He is one of the editors of the Criminal Reports and is a co-author of the National Judicial Institute Criminal Law Essentials e-letter. He is the recipient of a number of teaching awards, including the Association of Atlantic Universities Distinguished Teacher Award.

Chapter Title Abstract Contributors Pages Year Price

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Introduction to the rules and principles governing the investigation, prosecution and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if … 6 $0.60

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Discussion of the constitutional, statutory and common law sources of police investigative powers and of pre-trial and trial procedure. 28 $2.80

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Discussion of classification of offences and mode of trial, elementary notions of jurisdiction, and statutory procedure from charging to trial. 31 $3.10

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Discussion of the law of search and seizure, including the concept of reasonable expectation of privacy and the test of whether a search was executed reasonably and authorized by a reasonable law. 93 $9.30

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Discussion of police investigative techniques other than searches with and without a warrant: general warrants under s. 487.01 of the Criminal Code, powers of detention, and justification under … 41 $4.10

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Discussion of procedure for laying charges, the mechanisms used to compel the appearance of an accused person in court, and what to do with the person after the appearance in terms of release. 23 $2.30

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Discussion of powers of arrest given to police officers and available more broadly, both with and without a warrant, and rights arising on arrest. 31 $3.10

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Discussion of the Crown’s first party obligation of disclosure, its third party obligation of production, and the regime bridging the gap between the two. 37 $3.70

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Discussion of jurisdictional, evidentiary, and procedural issues regarding the preliminary inquiry. 27 $2.70

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Discussion of alternatives to prosecution, pre-trial motions and conferences, and jury selection. 54 $5.40

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Discussion of the trial process, including charging documents, pleas, opening statements, examination of witnesses, closing arguments, charging of the jury, jury deliberations, and the trial … 65 $6.50

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Discussion of the statutory appeal powers set out in the Criminal Code. 38 $3.80

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Glossary of terms relating to Canadian criminal procedure. 11 $1.10