The Charter\u27s Impact on the Criminal Justice System

Canada\u27s leading jurists, including Madam Justice Louise Arbour and Mr. Justice David Doherty of the Ontario Court of Appeal, Michelle Fuerst and Marc Rosenberg of the defence bar, and law professors Don Stuart, Sharon Williams and Kent Roach, examine the enormous impact of the Canadian Charter of Rights and Freedoms on the criminal justice system. In relation to the investigative process, separate chapters present the Supreme Court of Canada\u27s constitutionalization on the investigative process, exclusion of evidence for Charter breaches, and the Charter\u27s impact on drug investigations and drug law enforcement. In respect of the trial process, the trial judge\u27s function, reasons for judgment and fundamental justice, the adversarial system and third party interests, and evidentiary rules are canvassed in the context of the Charter. This work also examines the Charter\u27s impact on substantive criminal law, and criminal responsibility in the aftermath of the Daviault decision