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In recent years, the Canadian Charter of Rights and Freedoms (the “Charter”) has been relied on increasingly by Canadian courts to bolster common law police powers, often at the expense of due process. Ostensibly, the courts have shown more concern with the administration of the limits of policing than with the delineation of civil liberties. In this article, we trace the evolution of the interpretation of the Charter in this context, with early decisions suggesting a reluctance to create ex post facto police powers. The article then outlines the acceleration of judicial proliferation of common law police powers in Canada, cloaked in the veil of the Charter. In other words, unauthorized police conduct is legitimized by the courts on an ad hoc basis, so long as it is ultimately justifiable. We then discuss the findings of our own research into this phenomenon and comment on the possible implications that increasingly expansive common law police powers created by courts have had on due process in Canada, and the administrative role of the Supreme Court of Canada in mobilizing civil rights protections in the direction of state surveillance.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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During the last two decades, the Supreme Court of Canada created and authorized new police powers that are exercised routinely. For example, the Court authorized police officers to stop motor vehicles at random, detain individuals for investigative purposes, and carry out preventive frisk searches on people. The Court stated that judges can use the “ancillary powers doctrine” to create new police powers that fill legislative gaps.
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According to police-reported data, impaired driving killed as many as 155 people in Canada in 2019 (88 impaired drivers1 and 67 other road users) and injured 540.2 By comparison, all other criminal offences causing death excluding homicide resulted in the deaths of 108 people in 2019. Furthermore, a 2013 study for Mothers Against Drunk Driving (MADD) Canada estimated that the total social costs associated with impaired driving were $20.6 billion (Pitel and Solomon 2013). [...]before cannabis became legal, police services in Canada were already stopping an increasing number of drug-impaired drivers (Moreau 2019; Perreault 2016).3 So, to coincide with legalization, the Government of Canada implemented measures to fight drug-impaired driving. When collection of comparable data began in 1986, police reported 577 incidents per 100,000 population. [...]the early 2000s, this rate declined by an average of 5.5% each year, before stabilizing at about 250 incidents per 100,000 population during the 2000s.
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"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 in this country? 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, experts in their fields, bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty."-- Provided by publisher.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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"Est-il possible d'enrichir le patrimoine lettré de la Nouvelle-France en lui adjoignant des oeuvres de fiction? En amont de cette réflexion théorique commencée par Bernard Andrès (et que prolonge Rêver le Nouveau Monde), il y a les 16 pièces de la présente anthologie. Aussi françaises à l'origine que le corpus de la Nouvelle-France dont elles s'inspirent en partie, elles n'ont pas encore reçu leurs lettres de naturalisation. Or, cette formalité ne doit pas nous empêcher de lire et de (re)découvrir ces oeuvres méconnues, voire oubliées, qui tout au long du xviiie siècle égayèrent les théâtres de Paris en recourant à l'exotisme canadien. Les pièces de théâtre présentes dans cette anthologie permettent de lire sérieusement, peut-être pour la première fois, des oeuvres qui révèlent le foisonnement de l'imaginaire théâtral français du XVIIIe siècle à l'égard de sa lointaine colonie canadienne, alors perçue comme une terre de liberté."-- Fourni par l'éditeur.
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"This title is the fourth edition of our flagship professional immigration title, originally adapted from Lynn Fournier-Ruggles’ Canadian Immigration and Refugee Law for Legal Professionals, 3rd Edition. Aimed at young lawyers and consultants, it offers a broad and practical treatment of Canadian immigration, refugee, and citizenship law."-- Provided by publisher.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding was published in Contested Constitutionalism on page 107.
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