Learning Canadian Criminal Procedure

This fifteenth edition has been updated and reorganized. We have removed out-of-date material and have added new cases, including these recent major rulings from the Supreme Court: Bykovets – reasonable expectation of privacy in IP addresses Stairs – search incident to arrest in the home Tessier – cautions re voluntariness of a confession Lafrance – additional consultations with counsel Beaver – “fresh starts” after a Charter violation McColman – seriousness of the offence in exclusion of evidence decisions Kruk – ungrounded common sense assumptions and myths and stereotypes Tayo Tompouba – grounds for appeal A major feature of this edition has been to reorganize the materials, especially those dealing with searches, detentions, arrests, and interrogation, to more closely resemble the structure of a Charter analysis of the relevant rights. Chapter 2, dealing with search and seizure, begins by analysing reasonable expectation of privacy, which establishes whether there was a search at all, and then moves on to consider whether the search was reasonable, looking at the various sources of authorization. In doing this it follows the approach to a s. 8 Charter analysis. Chapter 3 follows a similar structure, looking first at whether there was a detention at all and then whether it was arbitrary, as s. 9 of the Charter requires. Other chapters have been revised to remove older material which no longer provides helpful guidance about the law or to students. Similarly, in many instances cases have been edited further, to give greater focus on the key issues.