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The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens -- that is, when they exercise their powers to detain or to arrest.The book focuses on "street-level" encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play.This second edition has been updated to incorporate significant changes which have taken place with regard to statutory powers (the new citizen's arrest power and others), to common law powers (powers of detention, safety searches, search incident to arrest, etc.) and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).
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"What is the state of democracy in Canada? This is the central question of Stephen Brooks’s best-selling introduction to Canadian politics textbook, Canadian Democracy. In this revised ninth edition, Brooks continues to explore the characteristics and controversies associated with Canadian politics. He begins by addressing the social and economic contexts of the country’s politics before covering the basic elements and structures of government (e.g., the constitution, federalism, and the administrative state), political participation, and the current issues and challenges in Canadian political life. Highlights of this revised edition include: comprehensive updates throughout to bring readers the latest data, research, and analysis of current events; additional coverage of such topics as multiculturalism and interculturalism in Quebec, current trends in political communication, and Canadian foreign policy. This edition features a revised ancillary suite for students and instructors that includes podcasts, a test generator, an instructor’s manual, PowerPoint slides, and a student study guide. The ninth edition of Canadian Democracy is also available with an e-version of the textbook, flashcards of key terms and definitions, the Constitution Acts, 1867 & 1982 (including the Charter of Rights and Freedoms), and simulation activities that speak to Canadian politics, governance, and institutions."-- Provided by publisher.
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Behind Closed Doors asks - and answers - whether the doctrine of Cabinet secrecy still has a role in the Westminster parliamentary system.
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This guide provides guidance to public servants on supporting Ministers for their participation in Cabinet and Cabinet committee meetings. This guide addresses the development of Cabinet documents - Memoranda to Cabinet (MCs), presentations and aide-mémoires - for Cabinet consideration
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"Over the past decade, the Government of Canada has tabled various iterations of so called lawful access legislation. The latest one identified six specific elements of subscriber information which would be made available to law enforcement and national security authorities without prior judicial authorization ... This document presents findings from a technical analysis conducted by the Office of the Privacy Commissioner of Canada (OPC) examining the privacy implications of subscriber information elements which are not found in a phone book: email address, mobile phone number and Internet Protocol (or IP) address"--Introduction.
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What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
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Constitutional Law of Canada has been the classic text in its field for decades, and the one to which scholars, practitioners and students turn for authoritative guidance on the complex issues and concepts which comprise Canadian constitutional law. Wade K. Wright assumed authorship of the text in 2021, stepping into the shoes of the late Peter W. Hogg, the founding author. The 2023 Student Edition is an abridged version of the two-volume looseleaf 5th Edition, which is revised annually by the author. The Student Edition contains 35 of the 60 chapters from the loose-leaf that are most likely to be useful to students. For ease of reference, the title of each of the omitted chapters is listed in the Preface to this edition. The Student Edition includes the Index found in the loose-leaf edition. The 2023 Student Edition is current to December 2022." --Page 4 of cover
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