Criminal Procedure in Canada explains the rules of criminal procedure in a clear, concise manner. Structured chronologically, the relevant rules and procedures are introduced and explained in the same sequence as the criminal process, offering a logical and intuitive organization. The Charter's innumerable effects on the criminal process are addressed seamlessly throughout the book. The authors' backgrounds in practice, academia, and on the bench result in a textbook that is both thorough and insightful.
This book provides a comprehensive overview of the criminal process, explaining the rules of criminal procedure clearly and concisely. It is an ideal companion for prosecutors, defence lawyers, law students, and judges.
What's Unique About This Book?
- Easy to use – Chapters are ordered chronologically, structured to mirror the various stages of the criminal process, from investigation and pre-trial procedures to the trial, sentencing, and appeals.
- Ideal for novices and experts – The book provides the novice with the context necessary to appreciate the significance of the rules of criminal procedure, while digging deep on specifics so that experts will find the book an invaluable resource.
- Forward looking – Where there are gaps in the existing rules governing the criminal process, the authors make suggestions as to how they could best be filled. The authors also offer constructive criticism of existing rules in the hopes of advancing future reform.
- Treatment of the Charter – Rather than treating the Charter as a separate topic, constitutional issues are infused throughout the book, and are discussed in the various contexts of criminal procedure.
- Balanced perspective – The authors draw on their varied experiences in academia, on the bench, and within the bar to insightfully explain how the Charter of Rights and Freedoms, statutes, and case law all come together in Canada’s criminal procedure rules.
What's New In This Edition
This third edition is fully updated to account for all major developments in the legislation and case law, including discussion of a number of significant Supreme Court of Canada decisions that have an impact on the criminal process, including search and seizure, investigative detention, questioning, bail, trial within a reasonable time, Charter remedies, sentencing, and more. The third edition also addresses the effects of the COVID-19 pandemic on criminal procedure, including bail, trial procedure, and sentencing.
Table of Contents
Chapter 1: An Overview of Criminal Procedure and Basic Concepts
Chapter 2: Detention and Arrest
Chapter 3: Search and Seizure
Chapter 4: Questioning
Chapter 5: Intake Procedures
Chapter 6: Bail
Chapter 7: Disclosure
Chapter 8: Prosecutorial Function
Chapter 9: Elections, Preliminary Inquiries, and Preferring the Indictment
Chapter 10: Remedies
Chapter 11: Informations and Indictments
Chapter 12: Territorial Limits
Chapter 13: Temporal Limits
Chapter 14: The Plea
Chapter 15: Jury Selection
Chapter 16: Trial Procedure
Chapter 17: Sentencing
Chapter 18: Appeals