Compelled Password Production
- October 30, 2018
- Clayton Rice, K.C.
Can the state compel a person to provide the password for a locked device? A recent opinion of the Fourth District Court of Appeal in Florida indicates that the law in the United States and Canada could be moving in…
Spider-Man’s Cell Phone
- October 14, 2018
- Clayton Rice, K.C.
“It was incredibly fast,” Cst Mike Laporte told jurors at the trial of Shawn Vassel for gunning down Husam Degheim in a movie theatre parking lot in Mississauga, Ontario. Cst Laporte was describing Vassel’s attempt to elude the police by…
Sentencing Dial-a-Dopers in Alberta
- September 28, 2018
- Clayton Rice, K.C.
For over thirty-five years the guideline sentence in Alberta for drug trafficking has been three years imprisonment. Speaking for a unanimous panel of the Alberta Court of Appeal in R v Maskell, 1981 ABCA 50 Justice Arnold F. Moir held,…
British Spy Agency Violated Human Rights
- September 14, 2018
- Clayton Rice, K.C.
On September 13, 2018, the European Court of Human Rights (ECHR) released the judgment in Big Brother Watch and Others v The United Kingdom (Applications nos. 58170/13, 62322/14 and 24960/15). The case concerned the bulk interception of electronic communications by…
Does ‘Control’ Determine Privacy Rights?
- August 30, 2018
- Clayton Rice, K.C.
On April 20, 2018, Toronto criminal lawyers Emily Lam and Samara Secter filed the appellant’s factum in the Supreme Court of Canada in a case styled as Tom Le v The Queen, Court File No. 37971. The factum is anchored…