Prosecutors Can be Sued for Wrongful Convictions: Supreme Court Rules
- May 24, 2015
- Clayton Rice, K.C.
On May 1, 2015, the Supreme Court of Canada released a landmark ruling in Henry v. British Columbia, 2015 SCC 24 that damages in a civil claim may be awarded against the Crown for prosecutorial misconduct, absent proof of malice,…
Minimum Sentences for Guns are Cruel and Unusual: Supreme Court of Canada
- May 20, 2015
- Clayton Rice, K.C.
On April 14, 2015, the Supreme Court of Canada released its opinion in R. v. Nur, 2015 SCC 15 holding that the mandatory minimum sentences for possession of a loaded prohibited firearm are unconstitutional. Writing for the 5-2 majority, Chief…
NSA’s ‘Collect It All’ Program Ruled Illegal by Appeals Court
- May 10, 2015
- Clayton Rice, K.C.
In my post titled Privacy and Telephony Metadata dated October 2, 2014, I concluded with reference to ACLU v. Clapper in which the U.S. Court of Appeals, Second Circuit, reserved its decision on September 2, 2014. The three-judge panel released…
Police Traffic Stops Limited By Fourth Amendment: U.S. Supreme Court Rules
- May 4, 2015
- Clayton Rice, K.C.
On April 21, 2015, the Supreme Court of the United States released an important ruling in Rodriguez v. United States, 575 U.S. _ (2015) holding that the Fourth Amendment does not allow the police to extend the duration of a…
Canada’s Anti-Terrorism Bill in the Post-Snowden Era
- May 2, 2015
- Clayton Rice, K.C.
Since my last post titled Canada’s Bill C-51 and The Right To Privacy dated April 16, 2015, the proposed anti-terrorism legislation has been in review by the Senate Standing Committee on National Security and Defence. On April 30, 2015, Professor…