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Author: John W. Burchill
Publisher: UBC Press
ISBN: 0774871083
Category : Political Science
Languages : en
Pages : 280
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Book Description
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.
Author: John W. Burchill
Publisher: UBC Press
ISBN: 0774871083
Category : Political Science
Languages : en
Pages : 280
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Book Description
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.
Author: Susanne Boucher
Publisher:
ISBN: 9781552210871
Category : Searches and seizures
Languages : en
Pages : 423
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Book Description
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.
Author: University of Alberta. Centre for Constitutional Studies
Publisher: University of Toronto Press
ISBN: 9780802073624
Category : Political Science
Languages : en
Pages : 384
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Book Description
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.
Author: Ernie Louttit
Publisher: Purich Publishing
ISBN: 0774880473
Category : Biography & Autobiography
Languages : en
Pages : 235
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Book Description
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.
Author: Richard Jochelson
Publisher: Taylor & Francis
ISBN: 1351678647
Category : Law
Languages : en
Pages : 139
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Book Description
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.
Author: Steve Coughlan
Publisher:
ISBN: 9781552215432
Category :
Languages : en
Pages :
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Book Description
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.
Author: Adam Dodek
Publisher: UBC Press
ISBN: 0774870761
Category : Law
Languages : en
Pages : 394
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Book Description
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.
Author: Richard Jochelson
Publisher:
ISBN: 9781552666845
Category : Law
Languages : en
Pages : 124
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Book Description
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.
Author: Richard Jochelson
Publisher: UBC Press
ISBN: 0774862602
Category : Law
Languages : en
Pages : 245
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Book Description
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.
Author: Ernie Louttit
Publisher: Purich Publishing
ISBN: 0774880465
Category : Biography & Autobiography
Languages : en
Pages : 193
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Book Description
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.
