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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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Comprehensive article-by-article analysis of the United Nations Convention on the Rights of the Child. Addresses a wide range of related issues including key interpretive questions. Contributions from specialist scholars in the field. Select bibliography at the end of each chapter directs readers to useful resources for further enquiry.
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"Annual Review of Insolvency Law is a collection of cutting-edge articles by practitioners, academics and members of the judiciary from all regions of Canada, written to provide professionals with a state-of-the-art overview of the most vital and relevant developments in Canadian insolvency law."-- Publisher's website
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The overarching theme of this collection is the influence of apex courts on the development of the common law¹ – in particular, how the institutional position of apex courts causes them to shape the common law and, conversely, how the traditions of the common law shape the way in which apex courts conceive of their role. Contributors from around the common law world address the overarching theme in three different contexts: first, the particular characteristics of the apex courts of several selected jurisdictions; second, the influence, if any, of constitutionalism and bills of rights on apex courts’ relationships to the
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"The goal of this book is to help render the statutory and common law rules of criminal procedure more comprehensible and accessible to practitioners and students. It presents the law of criminal procedure visually, through a series of annotated charts and diagrams."-- Provided by publisher.
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Fitness to plead refers to a criminal defendant’s ability to participate at trial. The purpose of fitness-to-plead laws is to protect the rights of vulnerable individuals who are unable to defend themselves in court and to preserve natural justice in the legal system while balancing the needs to see …
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