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Sovereignty, Racial Profiling and Digital Evidence: New Books in the Library
December 5, 2019
By Sara Stanley
This blog post is part one of two articles covering the fall 2019 additions to the Law Society Library.
Fitness to Stand Trial: Fairness First & Foremost
Richard D. Schneider, Hy Bloom
“Of all the issues that bring mental health practitioners and the criminal courts together, fitness to stand trial is by far the most common. In Canada, thousands of fitness assessments, psychiatric reports, fitness hearings, and verdicts of either “fit” or “unfit” to stand trial are rendered every year. For such a common event, one would be inclined to think that, for the most part, the law is uncontroversial; that most of the issues have been settled. Fitness to Stand Trial lays out the law as it is seemingly settled and discusses several areas where the law is much less settled. What exactly is required of the accused in terms of their ability to think rationally? Does one need to be “fit to stand trial” in order to proceed with a bail hearing? Or, post-verdict, with sentencing? Can an otherwise unfit accused become “fit enough” with the assistance of counsel? Does the test for unfit to stand trial contain a prospective element? These and many other less-than-clear aspects of the fitness rules are explored fully in this new volume.”
Sovereignty, Restraint & Guidance: Canadian Criminal Law in the 21st Century
Michael Plaxton
“Students, academics, and lawyers often think of the substantive criminal law as if it were just another branch of the common law. On this understanding, it falls to the courts to decide on a case-by-case basis what conduct should and should not be criminal and which defendants deserve punishment. In Sovereignty, Restraint, and Guidance, Michael Plaxton argues that this model badly distorts both the role of the courts and the central purpose of criminal offences. In the course of a wide-ranging discussion, Plaxton presents an alternative and innovative vision – one that more accurately reflects Parliament’s constitutional position and more successfully explains the bulk of Canadian criminal law. Sovereignty, Restraint, and Guidance will provoke discussion and debate among practitioners, students, theorists, and anyone interested in reflecting upon the state of criminal law in Canada today.”
Drug-Impaired Driving in Canada
Nathan Baker
“While drug-impaired driving has been a criminal offence in Canada since 1925, charges have been more common and more complex since the approval of the Drug Recognition Exercises (DRE) and Standardized Field Sobriety Tests (SFST) in 2008. The legalization of marijuana and the imposition of per se limits for a number of drugs emphasizes the importance of a concise source of information for the complex matters raised in these cases.
Drug-Impaired Driving in Canada is a ready reference for prosecutors, defence lawyers, and the judiciary, covering the matters unique to drug-impaired driving cases. Key areas covered include the DRE, the SFST, specimen testing for drugs, specialized experts, new provincial and federal legislation on the topic, and caselaw in this developing area. This text provides a breakdown of the intricate issues that pervade drug-impaired driving cases.”
Racial Profiling and Human Rights in Canada: The New Legal Landscape
Lorne Foster, Lesley A. Jacobs, Bobby Siu, Shaheen Azmi
“Racial profiling is a hot-button topic that elicits strong responses on both sides. A series of public discussions has so far failed to yield a conclusive consensus. Racial Profiling and Human Rights in Canada examines a combination of psychological, sociological, organizational, political, and community perspectives, resulting in a holistic, multi-faceted approach to understanding the phenomenon of racial profiling and to pre-empting or eradicating it.
The book’s primary theme is the notion of transformation. Part One examines racial profiling through an “equality as transformation” lens, which provides an instructive background for the development of public policy and public law. Part Two explores different manifestations of racial profiling, including new, emerging forms of racial profiling, as well as uncovering examples in everyday life that have been concealed and largely neglected. Part Three focuses on effective methods and strategies to prevent and respond to racial profiling, highlighting some transformative policy applications and equity initiatives.
This book should be required reading for policy-makers, academics, social justice and human rights advocates, and judicial and law enforcement officers.”
Digital Evidence: A Practitioner’s Handbook
Gerald Chan, Susan Magotiaux
“As technology advances at an exponential rate, the law and practice surrounding digital evidence is in constant flux. Digital Evidence: A Practitioner’s Handbook serves as a clear, concise guide to digital evidence in the criminal context. Authors Gerald Chan and Susan Magotiaux summarize legal principles and provide practical suggestions for Crown and defence lawyers tackling the gathering, admitting, and presenting of this type of evidence.
“Our justice system depends on advocates who understand the subtleties of a new technology and how it fits in with the general principles established by our courts. Nowhere is skilled advocacy more important than in providing the evidential base and in explaining complex technologies in a digestible way. … This book is an invaluable guide to assist litigators in this task.”
— The Honourable Thomas A. Cromwell
This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (Protecting Canadians from Online Crime Act).
By addressing both current and emerging challenges related to digital evidence, criminal practitioners will be equipped with the knowledge and understanding required to effectively handle and utilize digital evidence.”
Indigenous People and the Criminal Justice System: A Practitioner’s Handbook
Jonathan Rudin
“Indigenous people are the most over-represented population in Canada’s criminal justice system. Their experiences within the system are interwoven with issues of colonialism and discrimination. Indigenous People and the Criminal Justice System takes an expansive view of these issues and their impact to give lawyers and judges the knowledge necessary for a deeper understanding of this area of the law.
Author Jonathan Rudin provides a practical review of leading case law and day-to-day considerations for practitioners who are working with Indigenous clients. A host of key topics are explored, including but not limited to, major inquiries and cases, Indigenous courts, Aboriginal justice programs, and the challenges surrounding sentencing circles. The text also features a chapter on the evolution of the Gladue principles, highlighting how they extend beyond sentencing to many other functions of the justice system such as bail, corrections, and parole.
Practitioners using this guide will be equipped with invaluable tools and information designed to help them navigate cases involving Indigenous people within the Canadian criminal justice system.”
Charter Remedies in Criminal Cases: A Practitioner’s Handbook
Matthew Asma, Matthew Gourlay
“Charter remedies are available across all types of offences in criminal law. Charter Remedies in Criminal Cases: A Practitioner’s Handbook discusses the relevant principles and technical rules that need to be considered when seeking out or trying to resist applicable remedies. This text 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.”
Criminal Appeals: A Practitioner’s Handbook
Mark C. Halfyard, Michael Dineen, Jonathan Dawe
“Criminal Appeals: A Practitioner’s Handbook is an essential guide to the strategic and procedural process of criminal appeals at all levels of court in Canada.
The handbook combines statutory framework with practical resources and advocacy advice. Chapters explore the types of criminal appeals, the procedural steps involved, written and oral argument, and the fresh evidence rule. Practical advice on appeals procedure, concrete guidance on drafting appeal factums, oral argument strategies, and model appeal factums and motions of appeal are also included in order to effectively guide readers through an appeal from start to finish.
Drawing on experience with criminal appeals at all levels of court, the author team offers a truly comprehensive and concrete treatment of the appeals process. Their insight makes this guide an indispensable resource for anyone incorporating criminal appeals into their practice.”
Impaired Driving and Other Criminal Code Driving Offences: A Practitioner’s Handbook
Karen Jokinen, Peter Keen
“In 2018, Parliament repealed and replaced all driving provisions of the Criminal Code, in part as a response to the enactment of the Cannabis Act. Impaired Driving and Other Criminal Code Driving Offences: A Practitioner’s Handbook is a comprehensive and balanced guide to this new legislation, designed to assist Crown and defence lawyers, as well as members of the judiciary. It explores all aspects of this area of law, including the different types of offences, the investigation process, provincial procedural differences, trial strategies and issues, sentencing, and ethics.
Much more than a compendium of legislation and case law, this text analyzes the new provisions and relevant cases in context, replete with vital analysis, strategy, and tactical advice. Authors Karen Jokinen and Peter Keen have reviewed and presented these new legislative changes, and they leverage their knowledge and experience to provide a truly practical treatment of the legal issues and constitutional difficulties that surround driving offences.”
Termination of Employment
Lior Samifiru, Lia Moody
“Wrongful dismissal is one of the most litigated and challenging aspects of employment law. Termination of Employment is a concise and practical primer for the various procedures and issues surrounding termination, making it an ideal resource for any professional who isn’t familiar with the minutiae of employment law.
Different facets of the law are explained in an accessible manner so that anyone who finds themselves wanting (or needing) to participate in severance negotiations or engage in litigation with respect to employment law matters can do so comfortably. Readers will not only have a clearer understanding of the law but will also be better prepared for a variety of issues that can arise throughout the process, including those related to workplace harassment, human rights claims, and financial liability.
Whether you are a human resources professional trying to protect a company’s best interest or a lawyer representing a plaintiff in a wrongful dismissal claim, this comprehensive text will provide the template and tools you need to effectively navigate various employment law situations.”