Charter Justice in Canadian Criminal Law

Charter Justice in Canadian Criminal Law PDF Author: Don Stuart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 692

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Book Description
"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.

Charter Justice in Canadian Criminal Law

Charter Justice in Canadian Criminal Law PDF Author: Don Stuart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 692

Get Book Here

Book Description
"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.

Canadian Criminal Law

Canadian Criminal Law PDF Author: Don Stuart
Publisher: Agincourt, Ont. : Carswell
ISBN: 9780459348007
Category : Criminal law
Languages : en
Pages : 0

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Book Description


Rethinking Criminal Law Theory

Rethinking Criminal Law Theory PDF Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319033
Category : Law
Languages : en
Pages : 334

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Book Description
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

Aboriginal Justice and the Charter

Aboriginal Justice and the Charter PDF Author: David Milward
Publisher: UBC Press
ISBN: 0774824581
Category : Social Science
Languages : en
Pages : 332

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Book Description
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.

The Canadian Justice System

The Canadian Justice System PDF Author: Paul Atkinson
Publisher:
ISBN: 9780433495000
Category : Justice, Administration of
Languages : en
Pages : 254

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Book Description
"Designed for those who are planning careers in the Canadian justice system or who will be working with people impacted by various aspects of the system, this text provides the foundational knowledge needed to understand the way the various facets of the Canadian justice system work."--

Due Process and Victims' Rights

Due Process and Victims' Rights PDF Author: Kent Roach
Publisher: University of Toronto Press
ISBN: 9780802009319
Category : Philosophy
Languages : en
Pages : 414

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Book Description
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.

Charter Litigation

Charter Litigation PDF Author: Robert J. Sharpe
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 466

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Book Description


The Constitution Act, 1982

The Constitution Act, 1982 PDF Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0

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Book Description


Introduction to the Law & Legal System of Canada

Introduction to the Law & Legal System of Canada PDF Author: Nancy McCormack
Publisher:
ISBN: 9780779853304
Category : Law
Languages : en
Pages : 0

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Book Description
This introductory text is intended to demystify the law and to provide information on the key components of the Canadian legal system including chapters on: The nature of law and competing theories of law Legal pluralism - how the Canadian legal system interacts with various religious legal systems Sources of Canadian law including legislation and caselaw The legal history of Britain, the reception of English law in Canada, the history of Civil Law in Quebec, and the bijural system The Constitution and the Canadian Charter of Rights and Freedoms The structure of Canadian government Courts across Canada and the work of judges and lawyers Problems regarding access to justice Substantive law including Criminal Law, Property Law, Contract Law, and Tort Law Procedural laws governing civil disputes and criminal prosecutions.

GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE.

GUIDE TO MENTAL DISORDER LAW IN CANADIAN CRIMINAL JUSTICE. PDF Author: MICHAEL. DAVIES
Publisher:
ISBN: 9780433503699
Category :
Languages : en
Pages :

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Book Description