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An Introduction to Canadian Criminal Procedure and Evidence, 6th Edition

By Joan Brockman, Christopher Nowlin
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Soft Cover
ISBN-10: 0176774297
ISBN-13: 9780176774295
Publisher: Top Hat
Edition: 6th

An Introduction to Canadian Criminal Procedure and Evidence, Sixth Edition, offers a comprehensive introduction to criminal procedure and provides a critical overview of the gathering and admissibility of evidence.The text is aligned with how the criminal justice process proceeds: from an investigative stage and initial encounter between police and suspect, to the early involvement of defence lawyers and Crown prosecutors, to the inside of the courtroom and jury selection, to the conduct of trials and the application of rules of evidence to such proceedings. It first addresses the out-of-court and pre-trial realities of the criminal justice process such as search and seizure, electronic surveillance, admissions and confessions, police powers of arrest and release, and an accused person’s due process rights, including the right to full disclosure. The text then discusses the rules that govern in-court proceedings, including the rules that determine the compellability of witnesses, what can and cannot be said by witnesses, what inferences trial judges or juries may or may not draw from evidence, and how juries are created.

Features

  • As anyone who works in the criminal justice system or who follows news from the Supreme Court of Canada knows, criminal procedure and evidence is an area of the law that can change every week. This sixth edition reflects key changes to both the Criminal Code and key Supreme Court decisions.

Table of Contents

  • Introduction: Perspectives on Criminal Procedure and Evidence, and the Constitutional Framework
  • Part One: Gathering Evidence and Its Admissibility
  • Chapter 1: Evidence That Is Illegally or Improperly Obtained
  • Chapter 2: Search and Seizure
  • Chapter 3: Electronic Surveillance and the Interception of Private Communications
  • Chapter 4: Arrest, Detention, Right to Counsel and Pre-Trial Release
  • Chapter 5: Admissions and Confessions
  • Chapter 6: The Right to Full Disclosure
  • Part Two: Court Procedures, Evidence at Trial, Sentencing, and Appeals
  • Chapter 7: Classification of Offences, Elections, and Jurisdiction of the Court
  • Chapter 8: Informations and Indictments, Arraignment and Plea
  • Chapter 9: The Preliminary Inquiry
  • Chapter 10: Trial Procedures and Juries
  • Chapter 11: Types of Evidence
  • Chapter 12: Exclusionary Rules
  • Chapter 13: Judicial Notice, Secondary Sources, and Opinion
  • Chapter 14: Sentencing and Appeals
  • Appendix A: Commissions of Inquiry and Studies into the Criminal Justice System in Canada
  • Appendix B: Reading a Case and Legal Research
  • Appendix C: True Canadian Crime and Other Misconduct

Author Information

Joan Brockman

Studied sociology and psychology as an undergraduate student (University of Saskatchewan) and graduated with an M.A. in sociology from the University of Alberta. Went to University of Calgary law school during a Ph.D. programme in Sociology, articled in Calgary, completed an LL.M. at UBC, articled with the Department of Justice in Vancouver, and worked there as legal counsel. Member of the Law Societies of Alberta and British Columbia. Teaching full-time at Simon Fraser University since 1987, full professor since 1998. Part-time Commissioner with the British Columbia Securities Commission from 1998-2006.