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Prosecutorial Misconduct, Second Edition
ISBN/ISSN/Product Number: 978-0-7798-8043-0
Product Type: Book
Number of Pages: 342 pages
Number of Volumes: 1 volume bound
Binding: hardcover
Publication Date: 2017-06-28
Publisher: Canada Law Book
Availability: In Stock


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This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors.

The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States.

About the Author
Robert J. Frater, Q.C., is Chief General Counsel with the federal Department of Justice. He is a member of the Ontario Bar and is a past member of the Northwest Territories and Nunavut bars. Mr. Frater has argued numerous high-profile cases in the Supreme Court of Canada, and has also appeared in appellate courts in many provinces and territories. He has lectured and written on a wide variety of topics, including criminal law, constitutional law and advocacy, and taught a Masters of Law course on prosecutorial ethics at the University of Auckland, New Zealand. He is also a co-author of Drug Offences in Canada, Fourth Edition, and author of Prosecutorial Misconduct, both published by Canada Law Book.
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