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THE LAW OF SEARCH AND SEIZURE IN CANADA, 9TH EDITION

The Law of Search and Seizure in Canada, 9th Edition


The Law of Search and Seizure in Canada, 9th Edition

Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.
by James A. Fontana (Author) , M. David Keeshan (Author)

Published: November 24, 2015/ ISBN/ISSN: 9780433472643

Now in a fully revised 9th edition, The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the intricate legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents. The book also analyzes the central role of the Charter of Rights in determining the legality of police action and the admissibility of evidence when constitutional protections are breached.

A Current and Essential Resource
Long relied on by judges, the criminal bar, law enforcement officials and academics across Canada, The Law of Search and Seizure in Canada provides a comprehensive resource for understanding the often blurred line between legal and illegal government action. The 5 years since the 8th edition's release have witnessed significant legislative and judicial impacts on the search and seizure landscape – and this new edition deliver up-to-date analyses of all those major developments, covering crucial topics such as:

The modification of established legal principles to searches of computers, cell phones and other digital devices
Key developments impacting the law of search incidental to arrest
Major amendments to the legislative scheme governing production orders, and judicial pronouncements on the use of general warrants
The disclosure of intercepted private communications, and important legislative changes to Part VI of the Code
Guiding judicial statements on the parameters of "reasonable suspicion" in warrantless searches and seizures
The exclusion of evidence in the face of police misconduct
The legality of warrantless frisk and "safety searches"

This reference also covers important issues such as the rules for the seizure of firearms under the federal Firearms Act, the seizure and retention of DNA samples under the Criminal Code and the DNA Identification Act, roadside breath tests, the seizure of blood samples, the impact of new and emerging search technologies, Proceeds of Crime under the Code and Proceeds of Crime (Money Laundering) and Terrorist Financing Act, and much more.

New In This Edition
The many recent and noteworthy developments in search and seizure law that this new volume incorporates include:

The legislative creation of preservation demands and preservation orders, and addition of new kinds of specific production orders
Warrants of seizure for illegal sexualized materials in digital format
The legislative response to the ruling in R. v. Tse
New rules governing the warrantless search of cell phones (R. v. Fearon)
Pat down searches for safety reasons (R. v. MacDonald)
The incipient right to anonymity and its impact on warrantless police access to ISP subscriber data (R. v. Spencer)
Issuing of search warrants for "anticipatory charges" (R. v. Lucas)
Explicit rules governing use of force in the execution of a search warrant (R. v. Cornell)
Warrantless use of penile swabs (R. v. Laporte and R. v. Saeed)
The standard of reasonable suspicion in warrantless sniffer-dog searches (R. v. Chehil and R. v. Mackenzie)
The long awaited ruling on the legality of warrantless measurement of residential electrical use (R. v. Gamboc)
Investigative detention and searches incident thereto (R. v. Aucoin)
Lawful grounds for arrest (R. v. Loewen)
The exclusion of evidence under s.24 of the Charter as explored in Supreme Court of Canada cases, R. v. Grant and R. v. Côté
The three-pronged Grant test to admit evidence as applied in appellate level cases
The relevance of causation in exclusion under s.24(2) (R. v. Mian and R. v. Mack)
Right to counsel (R. v. Taylor and R. v. Mian)

The Honourable James A. Fontana was a Judge of the Ontario Court of Justice from 1984 until his retirement in 2013 and is considered by many to be Canada's leading authority on the law of search and seizure. Since the publication of The Law of Search Warrants in Canada in 1974, he has provided the profession with thoughtful and highly respected analyses of search and seizure issues.

M. David Keeshan

M. David Keeshan, B.A., LL.B., is an Ottawa-based lawyer and writer specializing in issues of privacy law and the impact of technology. The founding Editor-in-Chief of Halsbury's Laws of Canada, he is the co-author of many publications, including The Police Guide to Search and Seizure; Privacytown, Industry Canada's innovative online resource on privacy issues; The Annotated Ontario Construction Lien Act; and The Annotated Federal and Ontario Interpretation Acts.

Table of contents

Chapter 1: An Overview Of Search And Seizure Law
Chapter 2: Search Warrants
Chapter 3: Requirements Common to Both Search Warrants and the Supporting Information
Chapter 4: Search Warrant Information
Chapter 5: Duties of the Issuing Judge or Justice
Chapter 6: The Execution of Search Warrants
Chapter 7: Description of Seized Goods
Chapter 8: Duties of the Peace Officer in the Search and Seizure Process
Chapter 9: Reviewing a Search and Seizure Process
Chapter 10: Special Criminal Code and Other Search Powers
Chapter 11: Technical and Electronic Surveillance
Chapter 12: Controlled Substances Legislation
Chapter 13: Seizure of Bodily Samples
Chapter 14: Bawdy-Houses; Obscene Publications; Gaming Houses
Chapter 15: Powers Of Search Under Certain Federal Statutes
Chapter 16: Search Powers Under Provincial Statutes
Chapter 17: Computer-Related Searches
Chapter 18: Warrantless Searches of Premises
Chapter 19: Personal And Vehicle Searches
Chapter 20: Search And Seizure Under the Charter Of Rights And Freedoms, Section 8 And Section 24
Chapter 21: Exclusion Of Evidence
Chapter 22: Police Conduct In Section 24 Applications And Sub-Criteria
Chapter 23: Nature Of The Evidence On A Section 24(2) Application And Various Sub-Criteria
Chapter 24: Effect Of Other Charter Or Statutory Breaches Combined With Section 8 Breach
Index

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A must for any Public Safety Legal Department. I will recommend it strongly, being in the Legal Profession
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05/25/2017
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