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ISBN: 9781552217061

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Search and Seizure

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Search and Seizure offers a comprehensive resource on section 8 of the Canadian Charter of Rights and Freedoms in a narrative format accessible to general readers, with close to exhaustive coverage for lawyers and judges. It deals with all aspects of section 8, including a “reasonable expectation of privacy,” the many sources in law authorizing a search or seizure, when such laws are reasonable under the Charter, and when a search or seizure is conducted in a reasonable manner. Authors Robert Diab and Chris Hunt also include a detailed account of how warrants are obtained and the law on executing them, how to challenge the validity of a search or seizure, and remedies for a breach of section 8. Its concision, accessibility, and scope make this an ideal book for students and jurists alike.

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Contributors

Robert Diab

Robert Diab is a professor in the Faculty of Law at Thompson Rivers University, where he teaches criminal law, evidence, and jurisprudence. He has written extensively on constitutional rights, police powers, and civil liberties and is the author of The Harbinger Theory: How the Post-9/11 Emergency Became Permanent and the Case for Reform (Oxford University Press, 2015) and Guantanamo North (Fernwood, 2008). He has also practised as Crown and defence counsel in trial and appeal courts in British Columbia. 

Chris D.L. Hunt

Chris Hunt is a professor in the Faculty of Law at Thompson Rivers University. He earned his LLM and PhD from Cambridge University, clerked for the justices of the Supreme Court of British Columbia, and practised commercial litigation in Vancouver. He teaches contract law, evidence, and unjust enrichment. He has written extensively on a range of topics, including privacy, evidence, and contracts. His work has been cited numerous times by Canadian courts, including the Supreme Court of Canada.

Chapter Title Contents Contributors Pages Year Price

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A. Introduction B. What Is Privacy? C. Why Does Privacy Matter? ; 21 $2.10

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A. Introduction B. Hunter, Collins, and Reasonable Search C. When Is Section 8 Engaged? D. Remedies for Violating Section 8 ; 22 $2.20

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A. Introduction: When Is Section 8 Engaged? B. When Is a Search Conducted by a State Entity or Actor? C. What Acts Constitute a Search? D. What Acts Constitute a Seizure? E. When Transfer or … ; 35 $3.50

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A. Introduction B. Foundational Principles C. Principles Guiding the Four Step REP Inquiry ; 68 $6.80

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A. Reasonable Probability Versus Suspicion B. A General Introduction to Warrants C. Challenging a Search or Seizure with a Warrant ; 33 $3.30

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A. Other Criminal Code Powers B. Powers in Other Federal Legislation C. Powers in Provincial Statutes D. Common Law Powers ; 71 $7.10

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A. Introduction B. Considerations for Assessing a Reasonable Law C. Holdings on Reasonable Law ; 50 $5.00

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A. Introduction B. Reasonable Search of the Person C. Reasonable Territorial Searches D. Reasonable Search Involving Information E. Post-collection Events Constituting an Unreasonable Search or Seizure ; 27 $2.70

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A. Introduction B. Remedies under Section 24(1) of the Charter C. Exclusion of Evidence under Section 24(2) D. Grant Test for Exclusion ; 24 $2.40