Product Description

The Law of Search and Seizure in Canada, 12th Edition 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, 12th Edition provides a comprehensive resource for understanding the often blurred line between legal and illegal government action.

What’s New In This Edition

• Key rulings that provide significant guidance on police powers of arrest (Kosoian v. Société de transport de Montréal, Fleming v. Ontario) and especially with respect to the ancillary police powers doctrine (Fleming v. Ontario)
• Clarification of the application to corporations of the s. 12 Charter right against cruel and unusual treatment or punishment (Quebec (Attorney General) v. 9147-0732 Québec inc.)
• Limits on police powers to search protestors or prevent entry into public spaces (Stewart v. Toronto (City) Police Services Board)
• Delineation of the parameters of “police diligence” required when applying for search warrants (R. v. Le)
• Clarification of the circumstances needed to furnish grounds for an investigative detention (R. v. Buchanan)
• Refinements in the application of what constitutes an expectation of privacy sufficient to trigger Charter s. 8 protection (R. v. Wawrykiewycz, R. v. Arnault, R. v. LeBlanc and R. v. Labelle, among many examples)

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