Criminal Law

This book focuses on judicial remedies for constitutional wrongs. It features important decisions that reflect on the purposes of, and constraints on, constitutional remedies.

Using a database of just over 100 cases covering a span of more than thirty years, the author chronicles the evolution of Charter damages through the decisions of provincial and federal trial and appeal courts. Cases involving Charter damages are statistically assessed in terms of success rates, reasons for rejection of claims, award amounts, types of damages awarded, Charter sections involved, and recurring problems.

This book will be the second edition of our essential guide to when and how Charter remedies are available in criminal law. The book begins with "threshold matters," pertaining to when and how Charter remedies are available (e.g., which court, the standard of proof, procedural rules). The rest of the chapters focus on Charter remedies for particular outcomes in cases, ranging from excluding evidence, achieving a stay of proceedings, getting a sentence reduction, getting costs against the crown, making an application for habeas corpus review (unlawful detention), and legislative invalidity."-