Author Archive

Privacy and Telephony Metadata

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

On June 5, 2013, the British newspaper The Guardian reported the first of several leaks of classified material from Edward Snowdon, a former National Security Agency contractor, which revealed multiple U.S. government intelligence collection and surveillance programs. The NSA bulk telephony…

Voice Identification Breached Defendant’s Rights

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

In a recent wiretap trial I concluded in Edmonton Justice Brian R. Burrows of the Court of Queen’s Bench decided a trilogy of motions excluding voice identification evidence obtained by the police in breach of the defendant’s right to counsel…

Provincial Court Judge Criticized

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

For nine months from October 2013 to June 2014 I defended a drug conspiracy case in Edmonton which included a wire tap component. During the investigation the police obtained a General Warrant granted by Judge Marilena Carminati who is a…

Internet Engages Privacy as Anonymity

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

In a judgment released on June 13, 2014, the Supreme Court of Canada unanimously recognized that Canadians have a reasonable expectation of privacy in subscriber information held by their internet service providers. In R. v. Spencer, 2014 SCC 43 Justice…

The Right to Notification

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

A wiretap authorization may only be granted by a superior court judge. The application is made by an agent of the Attorney General of a province or the Minister of Public Safety and Emergency Preparedness. An agent is specially designated…

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