Archive for August, 2015

Ethics and Electronic Communication

  • August 24, 2015
  • Clayton Rice, Q.C.

May a lawyer communicate privileged or confidential information by cellular telephone, email or text message? We read daily reports about email accounts being hacked. We’ve seen an op-ed in The New York Times by prosecutors seeking to justify limitations on…

Prosecutor Starts Another Crypto Skirmish

  • August 16, 2015
  • Clayton Rice, Q.C.

On August 11, 2015, The New York Times published an op-ed titled When Phone Encryption Blocks Justice¬†by five prosecutors led by Manhattan district attorney Cyrus R. Vance Jr. The op-ed was co-authored by Francois Molins, Paris chief prosecutor; Adrian Leppard,…

In Defence of Justice Russell Brown

  • August 8, 2015
  • Clayton Rice, Q.C.

A lawyer in Victoria, British Columbia. An intern at the British Columbia Provincial Legislature. A member of the bars of Alberta and British Columbia. A doctorate in law from the University of Toronto. A law professor at the University of…

Production Orders and Probable Cause

  • August 2, 2015
  • Clayton Rice, Q.C.

On September 14, 2014, the Alberta Court of Appeal released its split 2-1 opinion in R. v. Fedossenko, 2014 ABCA 314, 316 C.C.C. (3d) 223 holding that the standard of “reasonable grounds to believe that an offence…has been or is…