Is it Unlawful to Record the Police?
- December 2, 2015
- Clayton Rice, K.C.
Is it unlawful to record the police during your own arrest? Can you lawfully record the police during a search of your residence? What about a bystander recording someone else’s arrest? Does it make a difference if the recording takes…
Privacy after Paris
- November 28, 2015
- Clayton Rice, K.C.
On December 18, 2013, the United Nations General Assembly adopted resolution 68/167 that expressed “deep concern” about the negative impact that surveillance and interception of communications may have on human rights. The General Assembly affirmed that the rights held by…
Does the Sender Have a Privacy Interest in a Delivered Text Message?
- November 22, 2015
- Clayton Rice, K.C.
In a split 2:1 ruling released on August 21, 2015, the British Columbia Court of Appeal held that a sender has a reasonable expectation of privacy in a text message that has been delivered to a recipient’s cell phone. Although…
Justice Robin Camp and the Right to a Fair Trial
- November 12, 2015
- Clayton Rice, K.C.
On November 9, 2015, it was widely reported by the media that the Canadian Judicial Council (CJC) had decided to review the conduct of Justice Robin Camp in acquitting a defendant of sexual assault on September 9, 2014, when he…
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…