Girls to the Rescue
- August 24, 2016
- Clayton Rice, K.C.
I have been writing recently about a series of rulings from the Ontario Court of Appeal that overturned motion judges and entered acquittals based on violations of the right to be secure against unreasonable search and seizure under s. 8…
A Search Warrant Is Moored to Privacy Concepts
- August 6, 2016
- Clayton Rice, K.C.
On July 14, 2016, the United States Court of Appeals for the Second Circuit in New York City released its opinion in Microsoft v United States, Docket No. 14-2985, holding that Microsoft Corporation could not be forced to produce email…
Privacy Means More Than Control
- July 28, 2016
- Clayton Rice, K.C.
On July 8, 2016, the Ontario Court of Appeal released its split 2-1 ruling in R v Marakah, 2016 ONCA 542 that a sender does not have an objectively based reasonable expectation of privacy in a text message received by…
Cell Phones Are Not Tracking Devices
- July 16, 2016
- Clayton Rice, K.C.
On August 27, 2015, a DEA technician entered a building in the Washington Heights neighbourhood of New York City with a Stingray device that led him to Raymond Lambis’ apartment. Agents then knocked on the door. Lambis was home. He…
Lifeline to the Outside World
- July 10, 2016
- Clayton Rice, K.C.
On June 25, 2010, Eneido Pino came out of the house at 21 St. Claire Avenue in Ottawa and put a box in the trunk of her car while the police, armed with a search warrant, had it under surveillance….