Apple and ‘Assistance Orders’ in Canada
- November 8, 2015
- Clayton Rice, K.C.
In my last post titled Apple And The ‘All Writs Act’ dated November 2, 2015, I discussed an application before Magistrate Judge James Orenstein of the United States District Court, Eastern District of New York, in In Re Order Requiring…
Apple and the ‘All Writs Act’
- November 2, 2015
- Clayton Rice, K.C.
The All Writs Act 28 USC s. 1651 is a United States statute that authorizes the federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”…
Procedure Before Preliminary Inquiry in Alberta
- October 24, 2015
- Clayton Rice, K.C.
On June 1, 2004, Parliament proclaimed in force the Criminal Law Amendment Act, 2001, SC 2002, c 13 relating to the conduct of the preliminary inquiry in criminal cases in Canada. The legislation enacted what is now s. 536.3 of…
Privacy Is a Human Right
- October 12, 2015
- Clayton Rice, K.C.
When American and Canadian lawyers talk about privacy, they often cast the conversation in terms of a reasonable expectation of privacy. We go there because constitutional jurisprudence drives the conversation in that direction by the application of the reasonable expectation…
The Ethical Parameters of Pretrial Conferences
- October 2, 2015
- Clayton Rice, K.C.
The conduct of pretrial conferences in criminal cases continues to generate concerns among defence lawyers in Alberta. I will join the discussion. In this post I will consider the legal regime governing pretrial conferences and the ethical considerations that bear…