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…
Police Need Warrant to Search Smart Phones
- July 16, 2014
- Clayton Rice, K.C.
In two major developments in Canada the courts have enhanced the protection of information stored by citizens on their computers and smart phones. In R. v. Vu, [2013] 3 S.C.R. 657 the Supreme Court of Canada unanimously held that the…