Charter Remedies in Criminal Cases: A Practitioner's Handbook
, Matthew Gourlay
General Editor(s): Brian H. Greenspan
, Vincenzo Rondinelli
Charter remedies are available across all types of offences in criminal law. Charter Remedies in Criminal Cases: A Practitioner's Handbook discusses the relevant principles and technical rules that need to be considered when seeking out or trying to resist applicable remedies. This text will also assist practitioners in deciding which remedy might be more appropriate or just.
The breaches and remedies featured in this text cover a wide range of issues including—but not limited to—police misconduct, unconstitutional legislation, sentence reduction, recouping costs from the Crown, habeas corpus applications, and declarations of invalidity. This text also provides detailed analysis of the criteria for exclusion of evidence under section 24(2) of the Charter, including the "obtained in a manner" criterion established in R v Pino. Additionally, the availability of judicial stays of proceedings is discussed at length, with close examination of the types of cases where stays are likely, and unlikely, to be granted.
This text's in-depth coverage is unparalleled, making it a must-have for lawyers and judges working within the criminal justice system.
This text is Volume 8 in Emond's Criminal Law Series.