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Spring Sale! Emond+ members save 15% on books and ebooks until May 23 and get free shipping year-round. Click to join!
Charter Remedies in Criminal Cases, 2nd Edition
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Charter Remedies in Criminal Cases, 2nd Edition

Matthew Asma, Matthew Gourlay
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Available

Charter remedies are available across all types of offences in criminal proceedings. Charter Remedies in Criminal Cases, 2nd Edition examines the relevant principles and technical rules that need to be considered when seeking out or trying to resist applicable remedies. National in scope, this practical resource 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 edition features new discussion on the 2022 Supreme Court of Canada case, R v Sullivan, exploring the ways in which this landmark decision will impact judicial comity and rules of horizontal stare decisis. It also features more comprehensive coverage of entrapment and enhanced sentence credit.

This text's in-depth and up-to-date 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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$137.00
  • ISBN/ISSN: 978-1-77462-364-0
  • Status: Available
  • Cover: Softcover

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$123.00
  • ISBN/ISSN: 978-1-77462-365-7
  • Status: Available
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ISBN
978-1-77462-364-0
Page Count
298
Publisher
Emond Publishing
Publication Date
November 2022
Status
Available
Subjects
Contracts and Remedies; Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • 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.

  • More comprehensive coverage of entrapment with additional guidance on drug trafficking and child luring cases.

  • New guidance on seeking enhanced sentence credit for harsh conditions of detention.

  • 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 Canadian Charter of Rights and Freedoms.

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

Subscribe to receive 15% off titles in the Criminal Law Series. As a subscriber, new titles in the series will ship to you automatically, so your collection is always up-to-date. All of the titles you receive are covered under our 30-day satisfaction guarantee.

To learn more or to go on subscription, please contact orders@emond.ca or 1-888-837-0815.

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