Charter remedies are available across all types of offences in criminal proceedings. Charter Remedies in Criminal Cases, 2nd Edition examines the relevant principles and technical rules that need to be considered when seeking out or trying to resist applicable remedies. National in scope, this practical resource will also assist practitioners in deciding which remedy might be more appropriate or just.
The breaches and remedies featured in this text cover a wide range of issues, including—but not limited to—police misconduct, unconstitutional legislation, sentence reduction, recouping costs from the Crown, habeas corpus applications, and declarations of invalidity. This text also provides detailed analysis of the criteria for exclusion of evidence under section 24(2) of the Charter, including the "obtained in a manner" criterion established in R v Pino. Additionally, the availability of judicial stays of proceedings is discussed at length, with close examination of the types of cases where stays are likely, and unlikely, to be granted.
This edition features new discussion on the 2022 Supreme Court of Canada case, R v Sullivan, exploring the ways in which this landmark decision will impact judicial comity and rules of horizontal stare decisis. It also features more comprehensive coverage of entrapment and enhanced sentence credit.
This text's in-depth and up-to-date coverage is unparalleled, making it a must-have for lawyers and judges working within the criminal justice system.
This text is Volume 8 in Emond's Criminal Law Series.
- Foreword by the Honourable Justice Gary T. Trotter, Ontario Court of Appeal.
- Checklists of the threshold technical requirements for remedies under sections 24(1), 24(2), and 52(1) of the
- More comprehensive coverage of entrapment with additional guidance on drug trafficking and child luring cases.
- New guidance on seeking enhanced sentence credit for harsh conditions of detention.
- Practical guidance on asking the court to strike down a law and obtaining the benefit of such a declaration issued by a different court.
- Explanation of lesser known Charterremedies including habeas corpus, costs against the Crown, impounding of seized property, and the residual discretion to quash a search warrant even though it passes a Garofoli
- A table of cases for easy reference.
- Excerpts from the Canadian Charter of Rights and Freedoms.
Tables of Contents
Chapter 1: Threshold Matters
Chapter 2: Exclusion of Evidence
Chapter 3: Stays of Proceedings
Chapter 4: Sentence Reductions
Chapter 5: Costs Against the Crown
Chapter 6: Habeas Corpus
Chapter 7: Declarations of Invalidity—Section 52(1)
Chapter 8: Miscellaneous