Criminal Law and Procedure

Charter remedies are available across all types of offences in criminal proceedings. Charter Remedies in Criminal Cases, 2nd Edition examines the relevant principles and technical rules that need to be considered when seeking out or trying to resist applicable remedies. National in scope, this practical resource will also assist practitioners in deciding which remedy might be more appropriate or just. The breaches and remedies featured in this text cover a wide range of issues, including—but not limited to—police misconduct, unconstitutional legislation, sentence reduction, recouping costs from the Crown, habeas corpus applications, and declarations of invalidity. This text also provides detailed analysis of the criteria for exclusion of evidence under section 24(2) of the Charter, including the "obtained in a manner" criterion established in R v Pino. Additionally, the availability of judicial stays of proceedings is discussed at length, with close examination of the types of cases where stays are likely, and unlikely, to be granted. This is an eBook.