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"Since its first publication in 2000, this book has been an invaluable resource for members of Parliament, their staff and anyone wanting to understand how the House of Commons works. This latest edition reflects a time of tremendous change, showing that parliamentary procedure can evolve and adapt to new realities. . . It is only natural that, reflecting this period of procedural, physical and technological change, House of Commons Procedure and Practice should change as well. Just as Center Block is being carefully modernized while retaining its heritage character, this publication has become more convenient, user-friendly guide focused on current practice, all while maintaining the accuracy, depth and detail that have made previous editions so indispensable. Changes include new chapter summaries that offer clear and concise outlines of what a chapter includes, a reduced focus on historical practices, streamlined footnotes and new section numbers to help readers find information quickly."-- From introduction
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Le présent ouvrage rassemble les textes des conférences prononcées lors du colloque intitulé "Développements récents en droit criminel", qui s'est tenu à Montréal, le 6 octobre 2022. -- Quatrième de couverture
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JurisClasseur Québec. Collection Droit civil | WorldCat.org
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In recent years, the Canadian Charter of Rights and Freedoms (the “Charter”) has been relied on increasingly by Canadian courts to bolster common law police powers, often at the expense of due process. Ostensibly, the courts have shown more concern with the administration of the limits of policing than with the delineation of civil liberties. In this article, we trace the evolution of the interpretation of the Charter in this context, with early decisions suggesting a reluctance to create ex post facto police powers. The article then outlines the acceleration of judicial proliferation of common law police powers in Canada, cloaked in the veil of the Charter. In other words, unauthorized police conduct is legitimized by the courts on an ad hoc basis, so long as it is ultimately justifiable. We then discuss the findings of our own research into this phenomenon and comment on the possible implications that increasingly expansive common law police powers created by courts have had on due process in Canada, and the administrative role of the Supreme Court of Canada in mobilizing civil rights protections in the direction of state surveillance.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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During the last two decades, the Supreme Court of Canada created and authorized new police powers that are exercised routinely. For example, the Court authorized police officers to stop motor vehicles at random, detain individuals for investigative purposes, and carry out preventive frisk searches on people. The Court stated that judges can use the “ancillary powers doctrine” to create new police powers that fill legislative gaps.
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