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343.271.19

24(2) - Exclusion of Evidence under the Charter, 2nd Edition

Auteur(s) :
Kaschuk, Nick
Éditeur :
LexisNexis
Année :
2019
Nombre de pages :
330
Type de reliure :
Softcover
ISBN :
978-0-433-49893-3
Prix :
100,00 $
Format :
Papier

 

Présentation

When it comes to excluding evidence under the Charter, criminal defence lawyers and prosecutors are sometimes unclear about the various factors that must considered, and the analysis that must take place, when S.24(2) is being invoked. This text is the only criminal law book that deals exclusively with S.24(2), taking an in-depth look at recent jurisprudence and relevant case law, and giving practical guidelines as to how the law should be applied. Written by a practising criminal lawyer, the author helps practitioners understand how courts review factors relevant to a S.24(2) inquiry, and how such factors are being balanced.

Book Features

  • Discusses the important case law, and applies the law in a practical and easy to understand manner
  • Includes a handy reference chart of selected cases detailing, at a glance, reasons for admission and exclusion of evidence under S.24(2)
  • Contains useful appendices, including a checklist of questions for practitioners to consider in making a S.24(2) inquiry

Why You Should Read This Book

  • Provides a practical and procedural overview of the law surrounding S.24(2). Looks at the remedies that the courts have used, and the jurisprudence interpreting how they are to be applied
  • Helps both junior and senior counsel get a clearer picture of the issues at stake when a S.24(2) analysis is engaged
  • Clears up any misperceptions that lawyers might have in regards to S.24(2), following the decision in  R. v. Grant

What’s New In This Edition?

  • Updates to the sections concerning The Seriousness of the State's Charter Infringing Conduct, Assessing the Impact on Charter-Protected Interests, and Society's Interest in an Adjudication on the Merits
  • New guidance as to when evidence may have been obtained in a manner that has infringed or denied a Charter right
  • Further clarification as to what does and does not constitute a 'Good faith error' and / or 'Exigent circumstances'
  • New dicta with respect to the practical realities of the balancing of factors process and appellate review

Table of contents

Preface
 Part I – Introduction
 Part II – Charter Rights
 Part III – Evidence obtained "in a manner" infringing or denying the Charter
 Part IV – The Test for Exclusion
 Part V – Evaluating the Seriousness of the State's Charter-Infringing Conduct
 Part VI – Assessing the Impact on the Charter-Protected Interests of the Applicant
 Part VII – Society's Interest in an Adjudication on the Merits
 Part VIII – Balancing the Factors
 Part IX – Appellate Review
 Part X – Conclusion



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