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"Class Actions in Canada: Cases, Notes, and Materials, 3rd Edition leverages the experience of practising lawyers from eight Ontario law firms as well as chartered arbitrator and law professor Janet Walker. This casebook highlights key case law and current legislative regimes guiding the certification of class actions, the determination of representation, and the approval of settlements. It explores procedural challenges, including the complexities of multijurisdictional actions."-- 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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Section 33 - what is commonly referred to as the notwithstanding clause (NWC) - was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights.The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice - the legislatures or the unelected judiciary - and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province's culture and promote its identity as a nation. Yet Quebec's pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens' recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada.The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
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"Contains over 65,000 legal terms, each clearly and precisely defined in plain English. Fully revised with new material on every page, the 12th edition features over 2,500 new terms"-- Publisher's website, viewed on June 11, 2024.
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"Contains over 65,000 legal terms, each clearly and precisely defined in plain English. Fully revised with new material on every page, the 12th edition features over 2,500 new terms"-- Publisher's website, viewed on June 11, 2024.
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Between 2006 to 2008, no less than three public inquiries recommended that, absent a reasonable likelihood of re-prosecution, prosecutors should allow the wrongfully convicted to be acquitted and not be subject to prosecutorial stays. Prosecutorial stays are an exercise of prosecutorial discretion under. 579 of the Criminal Code that can only be challenged with evidence of flagrant impropriety. They do not provide protection against double jeopardy. They can amount to a third “legal limbo” verdict between guilty and not guilty. Only two prosecutorial services in Canada have adopted the three inquiry recommendations in their guidelines or deskbooks. This failure has real world consequences: namely at least five cases involving seven accused in four different provinces since 2016 where convictions were overturned because of new evidence relevant to guilt or innocence only to be the subject of a prosecutorial stay which deprived the previously convicted person of a verdict on the merits. In addition to being at odds with the three inquiry recommendations, such uses of prosecutorial stays promote continued suspicion of the wrongfully convicted and create two classes of the wrongfully convicted: those who are acquitted and those who only receive a prosecutorial stay.
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