Criminal Law

"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.

"Cybercrime in Canadian Criminal Law is a treatise on computer crime for the Canadian marketplace. It provides concrete answers to the difficult question of how to successfully deal with computer crime in Canada. It sets out the existing regulatory framework and considers alternatives in depth. It also provides a complex, multi-tiered proposal for effective law enforcement, while considering the question of constitutional and other constraints on regulation, including cost. It also draws analogies to existing law enforcement powers in other areas, such as terrorism and money laundering, as well as related technologies, including telephone networks. Finally, it discusses how similar measures have been implemented in other jurisdictions throughout the world."--Pub. desc.

Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implications for other defences. The book also examines the provisions relating to self defence, defence of others, and defence of property which Parliament has replaced with new and radically simplified defences in ss.34 and 35 of the Criminal Code. In addition the book reviews the judgment in R. v. Ipeelee where the Supreme Court confirmed the need for restraint in the use of imprisonment and the need for a different approach to the sentencing of Aboriginal offenders, particularly in light of the fact that Parliament continues to restrict the use of conditional sentences and enact new mandatory minimum sentences.

This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades--receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race--past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.