Archive for January, 2024

Search Warrants and the Doctrine of Severance

  • January 31, 2024
  • Clayton Rice, K.C.

The right of all Canadians to be secure against unreasonable search and seizure protects the right to privacy from unjustified state intrusion. The purpose of the right requires that unjustified searches be prevented before they happen and not merely condemned…

Purpose and Prejudice in Charter Litigation

  • January 15, 2024
  • Clayton Rice, K.C.

The meaning of a constitutional right is ascertained by an analysis of the purpose underpinning the right. Purpose is understood in light of the interests a right is meant to protect. In a case winding its way through the Court…