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The Law of Search and Seizure in Canada, 11th Edition

Auteur(s) :
Fontana, James A.; Keeshan, David
Éditeur :
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Prix :
370,00 $
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The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents. The book also analyzes the central role of the Charter of Rights in determining the legality of police action and the admissibility of evidence when constitutional protections are breached.

A Current and Essential Resource
Long relied on by judges, the criminal bar, law enforcement officials and academics across Canada, The Law of Search and Seizure in Canada provides a comprehensive resource for understanding the often blurred line between legal and illegal government action.

What’s New In This Edition

  • Supreme Court of Canada rulings on the application of the reasonable expectation of privacy touchstone in the context of the interception of private communications, such as the transmission and receipt of text messages (R. v. Marakah, R. v. Jones) and with respect to state access to online social media data (R. v. Mills)
  • Delineation of the reasonable expectations of privacy in jointly shared digital devices seized by police from within a shared residence, where consent to the search and seizure has been lawfully provided by one of the residents (R. v. Reeves)
  • Recent emerging case law dealing with the interception of cell phone transmissions using mobile device identifiers and Stingray technology (X, Re, R. v. Tang and R. v. Truax)
  • A determination of the boundaries of reasonable expectation of privacy in public settings, including that held by students when being videotaped in school without consent and for a sexual purpose (R. v. Jarvis)
  • Important legal clarification of the law relating to investigative detention and the authority of police to enter a residential backyard without appropriate justification (R. v. Le)
  • Important refinements by the Supreme Court of Canada to the Lessard framework for considering applications for search warrants and production orders relating to the media (R. v. Vice Media Canada Inc.)
  • Judicial analysis of the law relating to abandonment in the context of samples of bodily substances for the purposes of forensic analysis (D'Amico v. R) and with respect to vehicles (R. v. Cuff)
  • Detailed new commentary on the recent significant changes to the Criminal Code relating to driving while impaired, including the introduction of new Part VIII.1, mandatory roadside breath tests, the law governing the taking of blood samples, and the impact of the legalization of cannabis in Canada

Table of Contents

Chapter 1: An Overview of Search And Seizure Law
 Chapter 2: Search Warrants
 Chapter 3: Requirements Common to Both Search Warrants and the Supporting Information
 Chapter 4: Search Warrant Information
 Chapter 5: Duties of the Issuing Judge or Justice
 Chapter 6: The Execution of Search Warrants
 Chapter 7: Disposition of Seized Goods
 Chapter 8: Duties of the Peace Officer in the Search and Seizure Process
 Chapter 9: Reviewing a Search and Seizure Process
 Chapter 10: Special Criminal Code and Other Search Powers
 Chapter 11: Technical and Electronic Surveillance
 Chapter 12: Controlled Substances Legislation
 Chapter 13: Seizure of Bodily Samples
 Chapter 14: Bawdy-Houses; Obscene Publications; Gaming Houses
 Chapter 15: Powers of Search under Certain Federal Statutes
 Chapter 16: Search Powers under Provincial Statutes
 Chapter 17: Computer-related Searches
 Chapter 18: Warrantless Searches of Premises
 Chapter 19: Warrantless Personal and Vehicle Searches
 Chapter 20: Search and Seizure under the Charter of Rights and Freedoms, Section 8 and Section 24
 Chapter 21: Exclusion of Evidence
 Chapter 22: Police Conduct in Section 24 Applications and Sub-Criteria
 Chapter 23: Nature of the Evidence on a Section 24(2) Application and Various Sub-Criteria
 Chapter 24: Effect of Other Charter or Statutory Breaches Combined with Section 8 Breach


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