A Search Is a Search Is a Search
- May 6, 2016
- Clayton Rice, K.C.
I have written before on this blog about the Supreme Court of Canada’s split 4-3 ruling in R v Fearon, [2014] 3 SCR 621 where Justice Thomas Cromwell for the majority reached the startling conclusion that a police fishing expedition…
Irrational Sentence for Pot ‘n Pills in Alberta
- April 28, 2016
- Clayton Rice, K.C.
On May 25, 2013, Krista Danielle Sargent was caught trying to bring four grams of marihuana, four Tylenol 4s and three Tylenol 3s into the Edmonton Maximum Penitentiary located north of Edmonton, Alberta. On September 11, 2015, she pleaded guilty…
What Is a Miscarriage of Justice?
- April 22, 2016
- Clayton Rice, K.C.
A miscarriage of justice is the conviction and punishment of a person for a crime they did not commit and is synonymous with wrongful conviction. Wrongful convictions come from almost every jurisdiction in Canada. Donald Marshall in Nova Scotia, Rejean…
Hailstorm Is a Search
- April 10, 2016
- Clayton Rice, K.C.
I have been following the developments about the use of cell site simulators by law enforcement agencies in the United States over the past year. This invasive cell phone tracking technology, often called StingRay, lurks in the shadows in Canada…
After Farook’s Phone: Where to Now?
- April 2, 2016
- Clayton Rice, K.C.
It has been a spectacular month since my last post about the court battle between Apple and the FBI – a fight in which one of the world’s most respected technology companies squared off against one of the most powerful…