This casebook provides a set of teaching materials that focus on the existing tension between the rights of the accused and effective law enforcement in both the pre-trial and trial procedure. It carefully integrates the ever-growing body of Charter jurisprudence into the statutory and common law governing this area, fostering an understanding of the general principles underlying criminal procedure and their evolution.

Publishing this tenth edition less than two years after our last update was necessitated by the judgments of the Supreme Court in R. v. Grant, handed down after having been on reserve for 15 months, and in the companion cases of R. v. Harrison and R. v. Suberu. The Court outlined new criteria for the determination of detention to trigger section 9 and 10 rights. These major developments required major re-writing and deletions in the Investigation Part II.

Major highlights in the 10th edition include:

• R. v. Grant, and the companion cases of R. v. Harrison and R. v. Suberu. These are bellweather rulings on the approach to detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. The Court outlined new criteria for the determination of detention to trigger section 9 and 10 rights.


• Patrick - No reasonable expectation of privacy in garbage placed for delivery


• Godin - Right to be tried within reasonable time


• McNeil - Disclosure of records of police misconduct and O'Connor applications; and


• Last - Severance of sexual assault counts

Don Stuart is Professor of Law at Queen's University . He is Editor-in-Chief of the Criminal Reports (Carswell) and of the National Judicial Institute, Criminal Law Essentials eletter. He is author of Canadian Criminal Law: A Treatise, 5th ed. (Carswell 2007) and Charter Justice in Canadian Criminal Law, 5th ed. (Carswell, 2010).and co-author of Learning Canadian Criminal Law , 11th ed. (Carswell, 2009) and Evidence: Principles and Problems, 9th ed. (Carswell, 2010)

Ron Delisle, B.Sc., LL.B., LL.M., is a Professor Emeritus of Law at Queen's University. A former Ontario provincial court judge, he is the co-author of Evidence: Principles and Problems, Canadian Evidence Law in a Nutshell, 3nd Ed. 2010 , Learning Canadian Criminal Law, 11th Ed. 2009 (Carswell), and Learning Canadian Criminal Procedure, 9th Ed. 2010 (Carswell).

Tim Quigley, B.Sc., LL.B., LL.M., of the Saskatchewan Bar, is Professor of Law at the College of Law, University of Saskatchewan in Saskatoon. Previously, he practised law with the Saskatchewan Legal Aid for ten years. Professor Quigley has written widely and has lectured in the areas of criminal law, criminal procedure, and sentencing. He has acted in the past as a Consultant to the Federal Department of Justice with respect to Firearms Regulations, has been an active and visible member of the Coalition for Gun Control for twenty years and strongly supports firearms registration. He is a member of the Editorial Board of the Canadian Criminal Law Review, Associate Editor of the Criminal Reports, and author of Procedure in Canadian Criminal Law, 2nd ed. (Carswell, 2005), as well as Learning Canadian Criminal Procedure, 9th ed. (Carswell, 2008).