Author Archive

Behind the Black Mirror

  • February 28, 2018
  • Clayton Rice, K.C.

A new report was published this month by twenty-six researchers at renowned universities and non-governmental organizations including the University of Oxford, the University of Cambridge and the Electronic Frontier Foundation warning that artificial intelligence technology creates dangerous opportunities for hackers,…

The Haunting of Girou

  • February 16, 2018
  • Clayton Rice, K.C.

On December 14, 2017, the Alberta Court of Appeal released the per curiam ruling in R v Girou, 2017 ABCA 426 involving a rare case where the Crown and the defendant agreed that lost evidence breached the defendant’s fair trial interests…

Lawyers, Smartphones and Box 23

  • January 28, 2018
  • Clayton Rice, K.C.

Invasion of lawyer and client confidentiality by the state in the digital era is increasing with alarming frequency. And the number of cases before Canadian courts involving violations of solicitor-client privilege are also increasing. The law is not the concern….

Privacy and Historic Text Messages

  • January 12, 2018
  • Clayton Rice, K.C.

On December 8, 2017, the Supreme Court of Canada released the 6-1 ruling in R v Jones, 2017 SCC 60, concurrently with R v Marakah, 2017 SCC 59, that I discussed in my last post to On The Wire titled The…

The Conversation

  • December 30, 2017
  • Clayton Rice, K.C.

On December 8, 2017, the Supreme Court of Canada released the 5-2 ruling in R v Marakah, 2017 SCC 59, that text messages sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be…

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