Overview

This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses. This second edition of Criminal Procedure includes significant new decisions with regard to arbitrary detention, search and seizure (particularly in relation to reasonable expectation of privacy and the manner of searches, but extending beyond that), disclosure, national security privilege, trial within a reasonable time, and right to counsel. Also included are other changes in areas such as prosecutorial discretion, abuse of process, publication bans, private prosecutions, miscarriages of justice or errors of law, severance of charges, closing arguments to the jury, and many others.

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9781552212752

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Steve Coughlan is a professor of law and the Associate Dean of Graduate Studies at the Schulich School of Law, Dalhousie University in Halifax. He received an LL.B. from Dalhousie Law School and a Ph.D. in philosophy from the University of Toronto, both in 1985. He has practised law with the Metro Community Law Clinic and with the Dalhousie Legal Aid Service, and also worked with the criminal procedure project of the Law Reform Commission of Canada. His areas of teaching have included criminal law and procedure, constitutional law, health law, and appellate advocacy. Professor Coughlan has received teaching awards at the faculty, university, and regional levels. Professor Coughlan is the author of Detention and Arrest (with Glen Luther, Irwin Law, 2010) and Criminal Procedure, 2d ed. (Irwin Law, 2012). He is an editor of the Criminal Reports and an author of the National Judicial Institute Criminal Law e-Letter. He is also a co-author of the Carswell Annual Review of Criminal Law and of Learning Canadian Criminal Law (as of the 10th ed.). In addition, he is a member of the Law and Technology Institute at the Schulich School of Law and is one of the authors of the Canadian IT Law Association's newsletter on law and technology issues.

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