Author Archive

Supreme Court Rejects Harper Appointee

  • May 16, 2014
  • Clayton Rice, K.C.

On September 30, 2013, the Prime Minister announced the nomination of Mr. Justice Marc Nadon, a supernumerary judge of the Federal Court of Appeal, to the Supreme Court of Canada. On October 3, 2013, by Order in Council, Justice Nadon…

Trends in Wiretap Law: Part Three

  • May 2, 2014
  • Clayton Rice, K.C.

In the second part of this series of posts on trends in wiretap law I concluded by saying there were judicial limitations on the ability of defendants to challenge the admissibility of wiretap evidence in court. I will pick up…

Trends in Wiretap Law: Part Two

  • April 16, 2014
  • Clayton Rice, K.C.

In the first part of this series of posts on trends in wiretap law I said that over the last thirty years there has been an expansion of state intrusion into the personal sphere of the individual that is vivid…

Trends in Wiretap Law: Part One

  • April 2, 2014
  • Clayton Rice, K.C.

Canadians value their privacy both individually and collectively. We may not protect our privacy like my parents did in a social sense and we have surrendered much to the surveillance camera but in 1982 the nation found the political will…

The Exclusionary Rule

  • March 16, 2014
  • Clayton Rice, K.C.

In 1974 Parliament enacted Part IV.1 [now Part VI] of the Criminal Code known as the Protection of Privacy Act. 1 The legislation was a response to wiretapping by the police that was unsupervised by Parliament or the judiciary. 2 The…

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