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« Fruit d’une collaboration entre universitaires et praticiens, cet ouvrage de procédure pénale a pour double mission de servir à l’enseignement collégial et universitaire, mais aussi d’ouvrage de référence pour les juristes de tous horizons. Ils ont emprunté une perspective chronologique de la procédure pénale afin de contextualiser et de rendre plus lisibles les nombreuses règles et concepts que ce domaine du droit affectionne. »-- Résumé de l’éditeur
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A Culture of Justification examines how a groundbreaking case involving undercover spies and a man's fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.
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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.
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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 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 third edition has been updated to incorporate significant statutory changes to Part XVI of the Criminal Code (Compelling Appearance of Accused Before a Justice and Interim Release), to common law powers (powers of detention, safety searches, search incident to arrest, etc.), to developments in the law in deaing with racial profiling, and to Charter rights (freedom from arbitrary detention, right to counsel, and so on)."-- Provided by publisher.
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This book recounts the many and varied transformations in the history of law in Canada in the half century after Confederation.
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