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The Charter and criminal justice : twenty-five years later / edited by Jamie Cameron and James Stribopoulos.

Location

Public Safety Canada Library

Resource

Books & Reports

Call Number

KE 8813 C49 2008

Authors

Publishers

Description

lxix, 759 p. ; 23 cm.

Summary

This book examines the context of contemporary Canadian criminal law and the protection of religious freedom and equality in the Canadian Charter of Rights and Freedoms. The author argues that there is a deep unexamined, conceptual tension between these two fields of law: the constitutional protection of religious freedom and substantive criminal law are both centrally concerned with the role of the state in making and enforcing moral judgments, but are contesting this boundary from different directions. This book first traces a variety of modes of interaction between the constitutional protection of religion and substantive criminal law since the introduction of the Charter in 1982. It then examines certain turns in the Supreme Court's approach to both religious freedom and the criminal law, offering critical reflections on the current conception of religion, the role of Charter values in contemporary constitutional adjudication, and modern debates about harm in the criminal law. Concluding that all of these developments suggest that the deep moral tension between these two areas is bound to grow in years to come, the book examines examples drawn from contemporary issues in Canadian criminal law - the role of religion in the defence of provocation and the constitutionality of the criminal offence of polygamy.

Subject

Edition

1st ed.

Contents

1. Charter standards for investigative powers: have the courts got the balance right? / Don Stuart. -- 2. Twenty-five years in search of a reasonable approach / Michal Fairburn. -- 3. The limits of privacy: some reflections on section 8 of the Charter / Croft Michaelson. -- 4. The impact of the Charter on the law of search and seizure / Tim Quigley. -- 5. Arbitrary detention: whither - or wither? - Section 9 / Steven Coughlan. -- 6. Investigative detention: a search/seizure by any other name? / Casey Hill. -- 7. The forgotten right: section 9 of the Charter, its purpose and meaning / James Stribopoulos. -- 8. The common law confessions rule in the charter era: current law and future directions / Lisa Dufraimont. -- 9. Triggering the right to counsel: "detention" and section 10 of the Charter / Steven Penney. -- 10. The limits of police interrogation: the limits of the Charter / Gary T. Trotter. -- 11. Charter tracks: twenty-five years of constitutional influence on the criminal trial process and rules of evidence / David Paciocco. -- 12. Rewriting the Canadian Charter of Rights and Freedoms: four suggestions designed to promote a fairer trial and evidentiary process / Peter Sankoff. -- 13. The Charter and protection against wrongful conviction: good, bad or irrelevant? / Christopher Sherrin. -- 14. Section 7 of the Charter and the common law rules of evidence / Hamish Stewart. -- 15. Done nothing wrong: fundamental justice and the minimum content of criminal law / Alan Young. -- 16. Moral judgment, criminal law and the constitutional protection of religion / Benjamin L. Berger. -- 17. Fault and punishment under sections 7 and 12 of the Charter / Jamie Cameron. -- 18. Youth as victims and offenders in the criminal justice system: a charter analysis - recognizing vulnerability / Nicholas Bala. -- 19. Expanding victims' rights in the charter era and beyond / Joan Barrett. -- 20. The charter of whiteness: twenty-five years of maintaining racial injustice in the Canadian criminal justice system / David M. Tanovich. -- 21. Aboriginal over-representation and R v. Gladue: where we were, where we are and where we might be going / Jonathan Rudin. -- 22. A Charter reality check: how relevant is the Charter to the justness of our criminal justice system? / Kent Roach.

Items

 #Call NumberStatusLocation
1KE 8813 C49 2008On ShelfPS-Circ
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