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ISBN: 9781552215432

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Criminal Procedure, 4/e

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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 police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals.

This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontario on powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.

Contributors

Steve Coughlan

Steve Coughlan is a professor of law at the Schulich School of Law,

Chapter Title Abstract Contributors Pages Year Price

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This section includes and author’s foreword, preface, and acknowledgements. 6 $1.20

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This chapter consists of a definition of criminal procedure as it pertains to the law in Canada as well as a list of further readings. 6 $1.20

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Discussion of the constitutional, statutory and common law sources of police investigative powers and of pre-trial and trial procedure. 33 $6.60

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Discussion of classification of offences and mode of trial, elementary notions of jurisdiction, and statutory procedure from charging to trial. 35 $7.00

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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. 139 $27.80

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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 … 68 $13.60

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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. 29 $5.80

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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. 34 $6.80

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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. 42 $8.40

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Discussion of jurisdictional, evidentiary, and procedural issues regarding the preliminary inquiry. 31 $6.20

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Discussion of alternatives to prosecution, pre-trial motions and conferences, and jury selection. 65 $13.00

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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 … 78 $15.60

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Discussion of the statutory appeal powers set out in the Criminal Code. 45 $9.00