General Editors: Brian H. Greenspan and Justice 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.

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• Foreword by the Honourable Justice Gary T. Trotter, Ontario Court of Appeal
• Checklists of the threshold technical requirements for remedies under sections 24(1), 24(2), and 52(1) of the Charter
• Practical guidance on asking the court to strike down a law and obtaining the benefit of such a declaration issued by a different court
• Explanation of lesser known Charter remedies including habeas corpus, costs against the Crown, impounding of seized property, and the residual discretion to quash a search warrant even though it passes a Garofoli review
• A table of cases for easy reference
• Excerpts from the Charter

Chapter 1: Threshold Matters
Chapter 2: Exclusion of Evidence
Chapter 3: Stays of Proceedings
Chapter 4: Sentence Reductions
Chapter 5: Costs Against the Crown
Chapter 6: Habeas Corpus
Chapter 7: Declarations of Invalidity—Section 52(1)
Chapter 8: Miscellaneous

Chapter 1: Threshold Matters

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