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Full bibliography 2,399 resources
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"In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter. Police would henceforth require authorization based on "reasonable and probable grounds." The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson's vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century."-- Provided by publisher.
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"The book, as part of our Criminal Law Series, is a very practical and balanced treatment of all issues related to search and seizure laws in Canada. Unlike drugs, sexual offences, fraud etc., which appeal to a particular sub-set within criminal law writ large, this book is one of general application, applying to all types of offences within the criminal justice system. The book focuses on issues related to the reasonable expectation of privacy, the search warrant application process, production orders, special Criminal Code search powers, ancillary orders, authorizations, warrantless searches, post-seizure reporting and detention and return of seized property, reviewing a search and seizure process, and the exclusion of evidence."-- Provided by publisher.
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"The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents. The book also analyzes the central role of the Charter of Rights in determining the legality of police action and the admissibility of evidence when constitutional protections are breached."-- Provided by publisher.
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