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Ancillary Police Powers in Canada: A Critical Reassessment: Law and Society

Autor Burchill John W., Richard Jochelson, Akwasi Owusu-Bempah, Terry Skolnik, John Burchill
en Limba Engleză Hardback – 13 noi 2024
A useful resource for understanding common-law police powers in Canada.

Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. 

Ancillary Police Powers in Canada explains what these common-law police powers are, how they came to be, and, crucially, what the potential dangers are in their expanding scope. Why are “Mr. Big” sting operations used? What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.
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Specificații

ISBN-13: 9780774871051
ISBN-10: 0774871059
Pagini: 280
Ilustrații: 8 figures, 2 tables
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.68 kg
Editura: University of British Columbia Press
Colecția University of British Columbia Press
Seria Law and Society


Notă biografică

John W. Burchill is an instructor at the University of Manitoba, chief of staff with the Winnipeg Police Service, and president of the Winnipeg Police Museum and Historical Society. He is the author of Volumes 1 and 2 of Pioneer Policemen: The History of the Manitoba Provincial Police. Richard Jochelson is the dean of law at the University of Manitoba. He also spearheaded Robsoncrim.com, a leading research blog that undergirds the criminal law edition of the Manitoba Law JournalAkwasi Owusu-Bempah is associate professor in the Department of Sociology at the University of Toronto and a senior fellow at Massey College. He has held positions with Canada’s National Judicial Institute, the Public Health Agency of Canada, and Ontario’s Ministry of the Solicitor General. He is the coauthor of Waiting to Inhale: Cannabis Legalization and the Fight for Racial Justice. Terry Skolnik is associate professor in the Faculty of Law at the University of Ottawa and the co-director of the Ottawa Public Law Centre. He is also the interim executive director of the Academy for Justice at the Sandra Day O’Connor College of Law at Arizona State University. He was formerly an officer in the Montreal Police Service.

Cuprins

Introduction: Judicial Oversight of Police Powers in Canada
Part 1: History and Context
1 The Common Law Constable
2 The Supreme Court’s Embrace of the Ancillary Powers Doctrine
with Lauren Gowler
Part 2: Judicial Expansion of Police Powers
3 Search Incident to Arrest
with Lauren Gowler
4 An Empirical Analysis of Ancillary Power Generation and Deployment
with Lauren Gowler
Part 3: Critiquing Police Powers
5 The Doctrine’s Proportionality Problem
6 Ancillary Police Powers and the Black Experience in Canada
7 The Doctrine as a One-Way Ratchet
Conclusion
Notes; Bibliography; Index

Recenzii

"I know of no single work that attempts to do what this book does so well: bring together into a single account the history of policing, its relation to the common law, the emergence of the doctrine of Ancillary Police Powers, its practical effects, and its theoretical shortcomings. This book is unusually diverse and substantive – and it is immensely valuable."

"The authors of Ancillary Police Powers in Canada shatter the widely held assumption that the courts are protecting citizens from overreach by police. This timely, sophisticated, and trailblazing collection is a must-read for anyone interested in police powers and constitutional rights."