The Exclusionary Rule
- March 16, 2014
- Clayton Rice, K.C.
In 1974 Parliament enacted Part IV.1 [now Part VI] of the Criminal Code known as the Protection of Privacy Act. 1 The legislation was a response to wiretapping by the police that was unsupervised by Parliament or the judiciary. 2 The…
Police Must Get Wiretap Order to Seize Text Messages
- March 2, 2014
- Clayton Rice, K.C.
In an important ruling released on March 27, 2013, the Supreme Court of Canada held that text messages are private communications that are protected by Part VI of the Criminal Code. In a case reported as R. v. Telus Communications…