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This influential text provides a critical review of how the Charter of Rights and Freedoms is being applied in the criminal courts by the Supreme Court, courts of appeal and trial judges. All important decisions and new arguments are examined and updated.
Major lower court decisions considered include Nur (Ont. C.A.) (striking down mandatory minimum for firearm offence), Hart (Newf. And Lab C.A.) ("Mr. Big" strategy violating s.7), Koivisto (Ont. C.J.) (s.10(a) violation in sexual assault case leading to s.10(b) and s.7 violations) and Adamo (Man.Q.B.) (three year minimum jail sentence applied to disabled offender violated Charter standards of cruel and unusual punishment), the new section 7 standard of proportionality (Ipeelee), overbreadth and substantive section 15 equality guarantees. This edition provides an up to date analysis of the recent trend to exclude under section 24(2) and of conflicting case law on stays as an abuse of process.