Description

:This course will focus on Charter rights and remedies in the criminal law context in defending an accused in a criminal prosecution. The topics covered will include the fully array of constitutional remedies available in a criminal case, from challenging the constitutional validity of criminal legislation to challenging the conduct of state actors, namely, the police and the Crown, in the investigation and prosecution of criminal offences. Remedies under sections 24(1) and 24(2) of the Charter and section 52(1) of the Constitution Act will be explored, as will Charter rights and protections, including abuse of process, the right to counsel, the law of search and seizure (particularly as it relates to electronic evidence), arbitrary detention and unreasonable delay, as well as Charter remedies at the sentencing stage, including reductions in sentence in response to state misconduct and the constitutional validity of mandatory minimum sentences. The cour...