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15 177 Ft
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Product details:
- Publisher UBC Press
- Date of Publication 1 June 2025
- ISBN 9780774871068
- Binding Paperback
- No. of pages280 pages
- Size 229x152 mm
- Weight 420 g
- Language English
- Illustrations 8 charts, 2 tables 700
Categories
Short description:
Ancillary Police Powers in Canada investigates the scope of police powers under Canadian common law, and the implications for our rights, freedoms, and individual liberty.
MoreLong description:
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. 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.
MoreTable of Contents:
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
More
