Criminal Procedure

The book focuses on “street-level” encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play. This third edition has been updated to incorporate significant statutory changes to Part XVI of the Criminal Code (Compelling Appearance of Accused Before a Justice and Interim Release), to common law powers (powers of detention, safety searches, search incident to arrest, etc.), to developments in the law in deaing with racial profiling, and to Charter rights (freedom from arbitrary detention, right to counsel, and so on)

This text is a practical handbook that provides an overview of current interviewing techniques that is essential to any would-be-investigator.

This book, unlike any other criminal law textbook, provides a comprehensive legal analysis of the doctrine, covering every significant aspect, from the types of investigative detention, to the ways in which it can be challenged (or upheld).

This text serves as an essential reference for law enforcement officers to ensure compliance with the Criminal Code and the Canadian Charter of Rights and Freedom in the context of the police powers of arrest, search and seizure, and interrogation.

This all loose-leaf serves as a quick reference for topics related to bail.

This text analyzes and explains practice and procedure relating to judicial interim release and bail pending appeal. It is continuously updated to keep you always current and up to date, and features systematic canvassing of the procedural and evidentiary issues that arise in these proceedings.

Also available in print: KE9272 .T76 2013 LAW (Reserve).
Bail engages a dramatic conflict between individual freedom and society’s right to protect itself. While the conflict is straightforward and easy to understand, the same is not true of Canadian bail law. In this book, Justice Gary T Trotter, provides a straightforward account of this bewilderingly complex area of the law.

Preliminary Inquiry Handbook reviews how these the paths of Parliament and the Supreme Court of Canada in conjunction with the courts' judicial expansion of discovery have affected the overall preliminary inquiry structure. The book also provides an overview to some of the key Part XVIII provisions and how the 2004 amendments have affected the preliminary inquiry process.

This volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.

Also available in print: KE9270 .A6 H87 LAW (Reserve).
Search and Seizure Law in Canada offers comprehensive coverage of search and seizure law, an essential element of both the criminal process and regulatory regimes. The effect of the Charter protection against unreasonable search and seizure is examined, drawing upon U.S. jurisprudence where appropriate.

Also available in print: KE9260 .S44 LAW (Reserve).
Disclosure and Production in Criminal Cases is a legal commentary that examines the requirements imposed on the Crown, police, and defence counsel to disclose the contents of their investigation file and to produce documents prior to a criminal trial.

This resource expertly combines substantive law and trial advocacy, Examination of Witnesses in Criminal Cases takes the readers through meaningful scenarios that they will encounter along the trial path – from the first time they meet their client to when the evidence is completed – whilst all this time improving their advocacy skills and knowledge of the criminal law.

Also available in print at KE8841 .S36 2018 LAW (Reserve).
What exactly is required of the accused in terms of their ability to think rationally? Does one need to be "fit to stand trial" in order to proceed with a bail hearing? Or, post-verdict, with sentencing? Can an otherwise unfit accused become "fit enough" with the assistance of counsel? Does the test for unfit to stand trial contain a prospective element? These and many other less-than-clear aspects of the fitness rules are explored fully in this new volume.

This handbook combines statutory framework with practical resources and advocacy advice. Chapters explore the types of criminal appeals, the procedural steps involved, written and oral argument, and the fresh evidence rule. Practical advice on appeals procedure, concrete guidance on drafting appeal factums, oral argument strategies, and model appeal factums and motions of appeal are also included.