Ancillary Police Powers in Canada

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Publisher : UBC Press
ISBN 13 : 0774871083
Total Pages : 280 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Ancillary Police Powers in Canada by : John W. Burchill

Download or read book Ancillary Police Powers in Canada written by John W. Burchill and published by UBC Press. This book was released on 2024-10-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.

Police Powers in Canada

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Author :
Publisher : University of Toronto Press
ISBN 13 : 9780802073624
Total Pages : 384 pages
Book Rating : 4.0/5 (736 download)

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Book Synopsis Police Powers in Canada by : University of Alberta. Centre for Constitutional Studies

Download or read book Police Powers in Canada written by University of Alberta. Centre for Constitutional Studies and published by University of Toronto Press. This book was released on 1994-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The television spectacles of Oka and the Rodney King affair served to focus public disaffection with the police, a disaffection that has been growing for several years. In Canada, confidence in the police is at an all-time low. At the same time crime rates continue to rise. Canada now has the dubious distinction of having the second highest crime rate in the Western world. How did this state of affairs come about? What do we want from our police? How do we achieve policing that is consistent with the Charter of Rights and Freedoms? The essays in this volume set out to explore these questions. In their introduction, the editors point out that constitutional order is tied to the exercise of power by law enforcement agencies, and that if relations between the police and civil society continue to erode, the exercise of force will rise - a dangerous prospect for democratic societies.

Understanding Section 8

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Publisher :
ISBN 13 : 9781552210871
Total Pages : 423 pages
Book Rating : 4.2/5 (18 download)

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Book Synopsis Understanding Section 8 by : Susanne Boucher

Download or read book Understanding Section 8 written by Susanne Boucher and published by . This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.

Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation

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Author :
Publisher : BRILL
ISBN 13 : 9004710329
Total Pages : 280 pages
Book Rating : 4.0/5 (47 download)

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Book Synopsis Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation by : Maria Rogacka-Rzewnicka

Download or read book Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation written by Maria Rogacka-Rzewnicka and published by BRILL. This book was released on 2024-09-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities’ principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance. This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems.

Criminal Law and Precrime

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1351678647
Total Pages : 139 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Criminal Law and Precrime by : Richard Jochelson

Download or read book Criminal Law and Precrime written by Richard Jochelson and published by Taylor & Francis. This book was released on 2017-07-06 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Minority Report, Precrime imprisons people for crimes they would have committed had they not been prevented. With Philip K. Dick as inspiration, the authors posit that developments in Canadian law indicate a trend toward imposing punishments at earlier stages of the prosecutorial process. As risk management logics shift to precautionary ones, the law has responded by developing criminal regulation techniques in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the design of drones, social networking, and cloud storage to gather data. The book is a provocative read for scholars and students in criminal law, policing, and surveillance.

Heenan Blaikie

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Publisher : UBC Press
ISBN 13 : 0774870761
Total Pages : 394 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Heenan Blaikie by : Adam Dodek

Download or read book Heenan Blaikie written by Adam Dodek and published by UBC Press. This book was released on 2024-10-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973, three young lawyers established Heenan Blaikie. It would become one of Canada’s highest-profile law firms, counting former prime ministers, premiers, and Supreme Court justices in its ranks. It was like a family, according to many who worked there. But it was a dysfunctional family. In 2014, the firm’s dramatic collapse became front-page news. Based on extensive interviews with firm lawyers and legal industry insiders, Heenan Blaikie is the story of a respected law firm that ultimately buckled under weak governance and management. Heenan Blaikie seemed to punch above its weight: bilingual, humane, national with international aspirations. But beneath its unique culture as a kinder, gentler law firm lay workplace bullying, challenges for women and visible minority lawyers, and sexual harassment. Adam Dodek, an unbiased outsider, situates the firm’s evolution within the context of a changing legal profession and society, producing an account that is gripping from beginning to end.

Rethinking Criminal Law Theory

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319033
Total Pages : 334 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rethinking Criminal Law Theory by : Francois Tanguay-Renaud

Download or read book Rethinking Criminal Law Theory written by Francois Tanguay-Renaud and published by Bloomsbury Publishing. This book was released on 2012-01-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Criminal Procedure 4/e

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Publisher :
ISBN 13 : 9781552215432
Total Pages : pages
Book Rating : 4.2/5 (154 download)

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Book Synopsis Criminal Procedure 4/e by : Steve Coughlan

Download or read book Criminal Procedure 4/e written by Steve Coughlan and published by . This book was released on 2020-05-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontarioon powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.

Privacy in Peril

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Publisher : UBC Press
ISBN 13 : 0774862602
Total Pages : 245 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Privacy in Peril by : Richard Jochelson

Download or read book Privacy in Peril written by Richard Jochelson and published by UBC Press. This book was released on 2019-11-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of subsequent cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the courts have used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Justice Dickson’s vision for section 8 rights have been diminished, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.

Honouring Social Justice

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Publisher : University of Toronto Press
ISBN 13 : 1442692359
Total Pages : 513 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Honouring Social Justice by : Margaret E. Beare

Download or read book Honouring Social Justice written by Margaret E. Beare and published by University of Toronto Press. This book was released on 2008-12-08 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honouring Social Justice brings together a diverse group of leading legal scholars, criminologists, and sociologists to study numerous contemporary social justice issues. In doing so, the contributors to this collection present a thorough and multifaceted portrait of recent successes and challenges of the criminal justice systems in Canada and elsewhere. Examining a broad range of vital contemporary social, judicial, and political issues, the essays in this volume pursue topics such as the targeting of marginalized groups, wrongful convictions, gender-based bias in law, government accountability, and inequalities in the application of the law to ethnic and socio-economic groups. These essays provide an illuminating introduction to the background of important social causes, and describe dedicated examples of how to effectively champion calls for social justice. Written to honour the life and work of the late Dianne Martin, a renowned scholar, lawyer, and social activist, Honouring Social Justice is an engaging and inspired series of accounts on how to improve society by leading experts from across the country.

More Indian Ernie

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Publisher : Purich Publishing
ISBN 13 : 0774880473
Total Pages : 235 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis More Indian Ernie by : Ernie Louttit

Download or read book More Indian Ernie written by Ernie Louttit and published by Purich Publishing. This book was released on 2019-01-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Ernie Louttit joined the Saskatoon Police Service, he was only the third Native officer in a city with a significant Aboriginal population. In his much-lauded first book, Indian Ernie, Louttit shared stories of his years as a beat cop on the streets of Saskatoon. More Indian Ernie brings readers back to the street, where Louttit discusses post-traumatic stress, missing and murdered Aboriginal women, and the difficulties he has faced both as a Native man and a police officer. Demonstrating passion and support for his community as well as society’s less fortunate, he candidly offers insight into topics of substance abuse, prostitution, murder, Indigenous peoples, and police leadership with empathy and intellect.

Dilemmas of Free Expression

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Publisher : University of Toronto Press
ISBN 13 : 1487529309
Total Pages : 331 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Dilemmas of Free Expression by : Emmett Macfarlane

Download or read book Dilemmas of Free Expression written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2021-11-08 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.

Indian Ernie

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Author :
Publisher : Purich Publishing
ISBN 13 : 0774880465
Total Pages : 193 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indian Ernie by : Ernie Louttit

Download or read book Indian Ernie written by Ernie Louttit and published by Purich Publishing. This book was released on 2019-01-31 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: When he began his career with the Saskatoon Police in 1987, Ernie Louttit was only the city’s third native police officer. “Indian Ernie”, as he came to be known on the streets, details an era of challenge, prejudice, and also tremendous change in urban policing which included the Stonechild Inquiry. Drawing from his childhood, army career, and service as a veteran patrol officer, Louttit shares stories of criminals and victims, the night shift, avoiding politics, but most of all, the realities of the marginalized and disenfranchised. Though Louttit’s story is characterized by conflict, danger, and violence, he argues that empathy and love for the community you serve are the greatest tools in any officer’s hands, especially when policing society’s less fortunate.

Putting the State on Trial

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Publisher : UBC Press
ISBN 13 : 0774828323
Total Pages : 397 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Putting the State on Trial by : Margaret E. Beare

Download or read book Putting the State on Trial written by Margaret E. Beare and published by UBC Press. This book was released on 2015-04-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada is often lauded as a model democracy that values the constitutional rights of its citizens. So when over a thousand people – most of whom were peaceful protesters or hapless bystanders – were violently arrested and then detained without charge during the G20 Summit in Toronto in 2010, many Canadians felt shock and outrage. Putting the State on Trial: The Policing of Protest during the G20 Summit examines the political, social, and economic conditions that “allowed” the policing of the summit to culminate in human and civil rights violations. Written by a multi-disciplinary group of scholars and legal practitioners, this book contextualizes events before, during, and after the summit from a range of perspectives. Although the G20 protests serve as a point of departure in every chapter, the contributing authors engage with larger questions about the control of dissent, the impact of the securitization and internationalization of Canadian politics, the implications of legal uncertainty, and the accountability vacuum.

Manitoba Law Journal Volume 44 Issue 6 Robson Crim (2021)

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Author :
Publisher : Manitoba Law Journal
ISBN 13 :
Total Pages : 289 pages
Book Rating : 4.7/5 (965 download)

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Book Synopsis Manitoba Law Journal Volume 44 Issue 6 Robson Crim (2021) by : Richard Jochelson, et al.

Download or read book Manitoba Law Journal Volume 44 Issue 6 Robson Crim (2021) written by Richard Jochelson, et al. and published by Manitoba Law Journal. This book was released on with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors including: Robert J. Currie, Brandon Trask, Evan Podaima, Joshua Ozymy, Jarrell Ozymy, Chelsey Buggie, Lewis Waring, Sean Gallop, Kelly Shae Delvac, Kaitlynd Hiller, and Shawn Singh.

Police Powers and Accountability in a Democratic Society

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287145161
Total Pages : 162 pages
Book Rating : 4.1/5 (451 download)

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Book Synopsis Police Powers and Accountability in a Democratic Society by : European Committee on Crime Problems

Download or read book Police Powers and Accountability in a Democratic Society written by European Committee on Crime Problems and published by Council of Europe. This book was released on 2000-01-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: The position of the police in both the old democracies and in societies in transition is affected by occasional conflicting legal and professional standards for police work, increasing public expectations, changing crime patterns, stricter standards of effectiveness and accountability and, frequently, inadequacies in the available financial and other resources. This publication contains papers on topics such as: the control of police powers; the prevention of police corruption; powers and accountability of private police; police and the public.

The Disappearance of Criminal Law

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Publisher :
ISBN 13 : 9781552666845
Total Pages : 124 pages
Book Rating : 4.6/5 (668 download)

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Book Synopsis The Disappearance of Criminal Law by : Richard Jochelson

Download or read book The Disappearance of Criminal Law written by Richard Jochelson and published by . This book was released on 2014 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.