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The Charter And Criminal Justice
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Book Synopsis Charter Justice in Canadian Criminal Law by : Don Stuart
Download or read book Charter Justice in Canadian Criminal Law written by Don Stuart and published by . This book was released on 2010 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.
Book Synopsis The Charter's Impact on the Criminal Justice System by : Jamie Cameron
Download or read book The Charter's Impact on the Criminal Justice System written by Jamie Cameron and published by Scarborough, Ont. : Carswell. This book was released on 1996 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Charter and Criminal Justice by : Jamie Cameron
Download or read book The Charter and Criminal Justice written by Jamie Cameron and published by . This book was released on 2008 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unsettled Legacy by : James Stribopoulos
Download or read book Unsettled Legacy written by James Stribopoulos and published by . This book was released on 2012 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalizing Criminal Law by : Colton Fehr
Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Book Synopsis Due Process and Victims' Rights by : Kent Roach
Download or read book Due Process and Victims' Rights written by Kent Roach and published by University of Toronto Press. This book was released on 1999-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Book Synopsis Charter of Rights and Freedoms by : Philip Rosen
Download or read book Charter of Rights and Freedoms written by Philip Rosen and published by . This book was released on 1982 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis Charter of Rights and Freedoms : Its Impact on the Criminal Justice System by : Rosen, Philip
Download or read book Charter of Rights and Freedoms : Its Impact on the Criminal Justice System written by Rosen, Philip and published by . This book was released on 1982 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Twenty Years of the Charter and Criminal Justice by : Kent Roach
Download or read book Twenty Years of the Charter and Criminal Justice written by Kent Roach and published by . This book was released on 2008 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the effects of the Charter on selected criminal justice topics such as search and seizure, right to counsel, the trial process, the substantive criminal law and issues relating to the liberty of the subject. In order to help capture the complexity and ambiguity of the Charter's effects on criminal justice the essay is structured as a dialogue between three interlocutors: a charter optimist, a charter realist and a charter sceptic.
Book Synopsis The Impact of the Charter of Rights and Freedoms on the Criminal Justice System by : Canada. Library of Parliament. Research Branch
Download or read book The Impact of the Charter of Rights and Freedoms on the Criminal Justice System written by Canada. Library of Parliament. Research Branch and published by . This book was released on 1981 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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
Book Synopsis Aboriginal Justice and the Charter by : David Milward
Download or read book Aboriginal Justice and the Charter written by David Milward and published by UBC Press. This book was released on 2012-11-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Book Synopsis The Constitution Act, 1982 by : Canada
Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Law Society of Upper Canada. Department of Continuing Legal Education Publisher : ISBN 13 : Total Pages : pages Book Rating :4.:/5 (18 download)
Book Synopsis Criminal Law and the Charter of Rights and Freedoms - an Update by : Law Society of Upper Canada. Department of Continuing Legal Education
Download or read book Criminal Law and the Charter of Rights and Freedoms - an Update written by Law Society of Upper Canada. Department of Continuing Legal Education and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Practical Guide to Using International Human Rights and Criminal Law Procedures by : Connie de la Vega
Download or read book A Practical Guide to Using International Human Rights and Criminal Law Procedures written by Connie de la Vega and published by Edward Elgar Publishing. This book was released on 2019 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims, and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. This book offers step-by-step approaches for maximizing the institutions’ intended effect–promotion of human rights at all levels.
Book Synopsis Is There a Tyranny of the Charter in Criminal Justice and Security Policy? by : Kent Roach
Download or read book Is There a Tyranny of the Charter in Criminal Justice and Security Policy? written by Kent Roach and published by . This book was released on 2008 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter has had an important effect on criminal justice and security policymaking that was not anticipated in 1982. Nevertheless, there is not necessarily a tyranny of the Charter, in which security policy is dictated by the Charter. The Charter is most often applied against the actions of unelected police and prosecutors as opposed to elected legislatures. Even when laws are struck down under the Charter, the result has often been vigorous dialogue between courts and legislatures. There is no incompatibility between strong courts enforcing the Charter and strong governments implementing proactive criminal justice and security policies. The Charter should only smooth the sharp edges of broader criminal justice and security policy. Canada is doing a better job in developing a coherent and proactive security policy than a coherent criminal justice policy, but in both cases governments should resist the temptation of limiting their vision to attempting to predict or react to the Charter decisions of the courts.
