Finding a Balance between Police Powers and Civil Liberties

Investigative detention has been in effect since the early 1990s. Numerous issues arise from the doctrine, such as the extent of police powers and encroachment on civil liberties, unnecessary investigative stops, and stereotypical profiling, among many others.

The Law of Investigative Detention is the first book to comprehensively examine this topic. It contains academic critiques, practical legal analysis, and analysis of recent significant case law to help you make sense of this quickly evolving field. Case law covers the 1993 Simpson judgement, the Mann decision of 2004 up until March 31, 2008.

Alexander Fiszauf’s criminal law career spans nearly 30 years. Having spent time as Crown and defence counsel, he is well versed in the challenges facing both sides in litigation.

In-Depth Coverage

• Types of investigative detention – including street detention, motor vehicle stops and police sweeps
• Legal and evidentiary issues arising under sections 7, 8, 9, 10(a) and 10(b) of the Charter of Rights and Freedoms – including search and seizure and exclusion of evidence
• Practical aspects of challenging or upholding an investigative detention
• Concrete suggestions for legislative and common law reforms of the doctrine
• Provincial and territorial statutes authorizing motor vehicle detentions – collected in one place for quick reference
• Excerpts from U.K. legislation dealing with investigative detention and search – for instructive comparison with Canadian legislation

Analysis of Controversial Issues

• When does an investigative detention start?
• Can a person be detained for questioning by a person in authority?
• What is the extent of the search incident to a detention?
• What is a psychological detention and when does it begin?
• How long can a detention last?
• When can physical evidence be admitted, in spite of Charter breaches?

Who Should Buy