Charter Justice in Canadian Criminal Law 6th Edition

This influential text provides a critical review of how the Charter of Rights and Freedoms is being applied in the criminal courts by the Supreme Court, courts of appeal and trial judges. All important decisions and new arguments are examined and updated.

• PHS Community Services: Ministerial shut down of supervised injection site arbitrary and grossly disproportionate
• Khawaja: terrorist provisions read down to avoid overbreadth
• Bedford: prostitution laws struck down as overbroad and grossly disproportional
• Levkovic: disposing of dead child offence read down to avoid vagueness
• DH: presumption of subjective mens rea for crimes
• Sinclair, McCrimmon, Willier: limited
• s. 10(b) right to re-consult with lawyer, quick duty counsel advice sufficing
• Prokofiew: uncertain discretion to comment on accused's silence at trial
• Nixon: Crown can repudiate plea bargain in exceptional cases
• N.S.: right to cross-examine sexual assault complainant without her niqab
• Gomboc: warrantless use of digital recording ammeter not violating s.8
• Morelli: stricter standards for I.T.O.'s for search warrant
• Cornell: flexible hard entry standards
• Chehil, MacKenzie: reasonable suspicion for dog sniffers based on police training and experience
• Nolet: random stop for vehicle-related reasons
• Nedelcu: compelled prior testimony admissible under s. 13 where not incriminating                 
• Withler and A: Revised approaches to s. 15 equality
• Bellusci: judicial stay where prison guard used excessive force
• Côté: affirmation of Grant and Harrison principles for exclusion under s. 24(2)
• Aucoin, Cole: good faith for s. 24(2) where law was uncertain

Major lower court decisions considered include Nur (Ont. C.A.) (striking down mandatory minimum for firearm offence), Hart (Newf. And Lab C.A.) ("Mr. Big" strategy violating s.7), Koivisto (Ont. C.J.) (s.10(a) violation in sexual assault case leading to s.10(b) and s.7 violations) and Adamo (Man.Q.B.) (three year minimum jail sentence applied to disabled offender violated Charter standards of cruel and unusual punishment), the new section 7 standard of proportionality (Ipeelee), overbreadth and substantive section 15 equality guarantees. This edition provides an up to date analysis of the recent trend to exclude under section 24(2) and of conflicting case law on stays as an abuse of process.