Author Archive

Honestly and Faithfully

  • December 2, 2016
  • Clayton Rice, K.C.

The Canadian judiciary is under the microscope. And the intensity of criticism has increased as cases of misogyny and mistake have reached the headlines and erupted on social media. Then, on November 9, 2016, Justice Bernd Zabel of the Ontario…

The Duty of Candour

  • November 20, 2016
  • Clayton Rice, K.C.

On October 4, 2016, Justice Simon Noel of the Federal Court of Canada released the judgment in In The Matter Of An Application By [XXX] For Warrants Pursuant To Sections 12 And 21 Of The Canadian Security Intelligence Act, 2016…

Just a Face in the Crowd

  • November 6, 2016
  • Clayton Rice, K.C.

Do you have a right to privacy in the image of your own face? Is there a difference in privacy interest between the digital image of your face taken by a government agency that regulates drivers’ licences and one taken…

An Argument That Proves Too Much

  • October 30, 2016
  • Clayton Rice, K.C.

On September 28, 2016, the Massachusetts Supreme Judicial Court released its unanimous opinion in Commonwealth v White, No. SCJ-11917, upholding an evidence suppression ruling that probable cause to search or seize a suspect’s cellular telephone may not be based solely…

We’ll Think of Something

  • October 14, 2016
  • Clayton Rice, K.C.

On August 21, 2008, Nosakhare Ohenhen, a black man from Nigeria, was stopped by three police officers on bicycle patrol near the Parkdale Collegiate Institute in Toronto, Ontario. He was driving a Jaguar sedan. On September 16, 2016, after an…

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