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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).

"Administrative Law in Context, 4th Edition continues this title's approach to administrative law in the important contexts that shape legal ideas and doctrines in this field. It examines key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada including an analysis of the recent Vavilov trilogy of cases from the Supreme Court of Canada and their significant affect on how judicial reviews of administrative decisions are now conducted in Canada. This detailed, collaborative analysis gives students a better sense of how administrative boards and tribunals work in practice and differentiates itself from Admin8 by using a contemporary experiential pedagogy that employs increased commentary and discussion."-- Provided by publisher.

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Basis for the jurisdiction to stay proceedings - comparison of Commonwealth countries - rationale for the jurisdiction to stay proceedings - relationship between jurisdiction and remedy.

An article from McGill Law Journal / Revue de droit de McGill, on Érudit.

It has been suggested that the Canadian prime minister tends to enjoy powers to a degree that is unhealthy in a democratic society. This article evaluates the "prime minister as autocrat" argument that has gained currency, if not in the academic literature, certainly in the popular media. It is suggested that while there has been a relative increase in the concentration of power in the centre — the centre defined as the prime minister, his entourage and key central agencies — the portrait of prime ministerial autocracy has been overdrawn. None the less, reforms are desirable. Particularly ones that create or enhance counterweights to prime ministerial power will likely improve Canadian democracy. These reforms should focus not so much on strengthening the role of individual MPs but on reinforcing the position of cabinet, the parliamentary caucus and senate vis-à-vis the prime minister. In this respect, five possible reforms are discussed, and their prospects of being adopted assessed: proportional representation for the House of Commons, an elected senate, strengthened parliamentary caucuses, a fixed time-table for elections and the New Zealand approach to the appointment of senior officials.

Disclaimer: This summary was generated by AI based on the content of the source document.

Abstract: Cabinet secrecy is a cornerstone of the constitution of the Westminster system of government and is safeguarded by convention, common law and statute law in leading Westminster regimes. Secrecy of cabinet proceedings is very much part of the efficient constitution, but the protections afforded by convention and law are neither well understood nor particularly popular. This article examines the convention and how it differs from the common law and statute law treatments of cabinet secrecy. It considers the essential requirements for cabinet secrecy: collective decision-making; the protection of the views and opinions of ministers; and several related problems of the constitution, including the role of the cabinet as the informal executive, the use of the cabinet as an administrative coordinating mechanism, and -unique to Canada - the use of statute law to remove the courts from their traditional role of determining the balance between individual rights and those of the state. Cabinet secrecy is essential to a system of government where responsible ministers collectively decide the government's policy, but in order to play a proper role in our affairs the convention on secrecy needs to be constitutionally validated by the articulation of its purpose and scope. Sommaire: Le secret ministériel est une pierre d'angle de la constitution de Westminster, protégé par la convention constitutionnelle, la common law et la législation dans les principaux pays du système de Westminster. Le secret ministériel fait intimement partie de la constitution efficace, mais les protections procurées par la convention et la Loi ne sont ni bien comprises N particulièrement bien vues. Cet article examine la convention et comment elle se démarque de la façon dont la common law et le droit législatif interprètent le secret ministériel. Il examine les conditions essenticlles du secret ministériel: la prise de décision collective et la protection des points de vue et opinions des ministres. II examine également plusieurs problèmes connexes de la constitution, y compris le rôle du cabinet comme le pouvoir exécutif officieux; le cabinet comme un mécanisme de coordination administrative et - propre au Canada

"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.