Spies and Surveillance Warrants
- December 2, 2014
- Clayton Rice, K.C.
On July 31, 2014, the Federal Court of Appeal released its judgment in X (Re), 2014 FCA 249 upholding a Federal Court ruling that limited the scope of powers that may be exercised by the Canadian Security Intelligence Service (CSIS) while…
Nothing to Hide
- November 16, 2014
- Clayton Rice, K.C.
We have all heard the argument by those who are not opposed to government surveillance: “I’ve got nothing to hide.” In the United Kingdom the use of closed circuit television in public places is pandemic. The advance of the British…
Class Action Plaintiffs Get Wiretap Records
- November 2, 2014
- Clayton Rice, K.C.
In a decision released on October 17, 2014, the Supreme Court of Canada had a rare opportunity to consider s. 193 of the Criminal Code which makes it a crime to disclose or use an intercepted private communication without the…
New Test for Appellate Courts to Raise New Issue
- October 16, 2014
- Clayton Rice, K.C.
In a judgment released on September 12, 2014, the Supreme Court of Canada established a new test for when an appellate court may interfere with the adversarial system by raising an issue not previously raised by the parties. The decision…
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…