An Argument That Proves Too Much
- October 30, 2016
- Clayton Rice, K.C.
On September 28, 2016, the Massachusetts Supreme Judicial Court released its unanimous opinion in Commonwealth v White, No. SCJ-11917, upholding an evidence suppression ruling that probable cause to search or seize a suspect’s cellular telephone may not be based solely…
We’ll Think of Something
- October 14, 2016
- Clayton Rice, K.C.
On August 21, 2008, Nosakhare Ohenhen, a black man from Nigeria, was stopped by three police officers on bicycle patrol near the Parkdale Collegiate Institute in Toronto, Ontario. He was driving a Jaguar sedan. On September 16, 2016, after an…
In a Queue of Strangers
- October 2, 2016
- Clayton Rice, K.C.
On July 13, 2016, Privacy International and Article 19 were granted leave by the European Court of Human Rights to intervene in Breyer and Breyer v Germany, App. No.: 5000/12. The case raises the data retention requirements in s. 111…
The Stash House Sting
- September 16, 2016
- Clayton Rice, K.C.
They blend together. The undercover terrorism operation. The stash house sting. And the Mr. Big scenario. They all raise legal and sociological concerns fixed in the efficacy of law enforcement and the vast resources vested in playing out what, in…
The Ethics of General Deterrence
- September 4, 2016
- Clayton Rice, K.C.
Cocaine, heroin, fentanyl. Trafficking in these kinds of drugs, or possessing them for that purpose, means jail time in Canada. And a lot of jail time. For thirty-five years the Alberta Court of Appeal has maintained that general deterrence is…