Criminal Procedure

The goal of this book is to help render the statutory and common law rules of criminal procedure more comprehensible and accessible to practitioners and students. It presents the law of criminal procedure visually, through a series of annotated charts and diagrams.

This book analyzes each relevant provision of the Criminal Code, the leading cases, and their associated principles.

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.

This book explains the rules of criminal procedure. Structured chronologically, the relevant rules and procedures are introduced and explained in the same sequence as the criminal process. The Charter's innumerable effects on the criminal process are addressed throughout the book.

A major feature of this edition has been to reorganize the materials, especially those dealing with searches, detentions, arrests, and interrogation, to more closely resemble the structure of a Charter analysis of the relevant rights. Chapter 2, dealing with search and seizure, begins by analysing reasonable expectation of privacy, which establishes whether there was a search at all, and then moves on to consider whether the search was reasonable, looking at the various sources of authorization. In doing this it follows the approach to a s. 8 Charter analysis. Chapter 3 follows a similar structure, looking first at whether there was a detention at all and then whether it was arbitrary, as s. 9 of the Charter requires. Other chapters have been revised to remove older material which no longer provides helpful guidance about the law or to students.