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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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"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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"Since the Supreme Court’s landmark decision in R v Jordan, 2016 SCC 27, there has developed a complex new body of jurisprudence respecting how section 11(b) of the Charter of Rights and Freedoms is to be interpreted, and how the Jordan framework should be applied. A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant caselaw, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals. This guide provides both an examination of the caselaw relevant to these issues, and analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated."-- Provided by publisher.
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"The 2nd edition, as part of our "Criminal Law Series," continues to be a very practical, balanced, and concise treatment of all issues related to criminal sentencing. The book begins with general principles and then moves on to discuss pleas negotiations, procedure and advocacy in sentencing hearings, impact on the victim, types of sentences available, Charter considerations, the sentencing ruling itself, appellate issues, ancillary orders, and post sentencing issues. This edition includes a new chapter on specific offences."-- Provided by publisher.
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"This title addresses civil procedure in Ontario, from preliminary considerations to appeals of motions, applications and actions. It provides readers with knowledge of the litigation process in the Superior Court of Justice and the Court of Appeal for Ontario."-- Provided by publisher