Ethics and Electronic Communication
- August 24, 2015
- Clayton Rice, K.C.
May a lawyer communicate privileged or confidential information by cellular telephone, email or text message? We read daily reports about email accounts being hacked. We’ve seen an op-ed in The New York Times by prosecutors seeking to justify limitations on…
Prosecutor Starts Another Crypto Skirmish
- August 16, 2015
- Clayton Rice, K.C.
On August 11, 2015, The New York Times published an op-ed titled When Phone Encryption Blocks Justice by five prosecutors led by Manhattan district attorney Cyrus R. Vance Jr. The op-ed was co-authored by Francois Molins, Paris chief prosecutor; Adrian Leppard,…
In Defence of Justice Russell Brown
- August 8, 2015
- Clayton Rice, K.C.
A lawyer in Victoria, British Columbia. An intern at the British Columbia Provincial Legislature. A member of the bars of Alberta and British Columbia. A doctorate in law from the University of Toronto. A law professor at the University of…
Production Orders and Probable Cause
- August 2, 2015
- Clayton Rice, K.C.
On September 14, 2014, the Alberta Court of Appeal released its split 2-1 opinion in R. v. Fedossenko, 2014 ABCA 314, 316 C.C.C. (3d) 223 holding that the standard of “reasonable grounds to believe that an offence…has been or is…
Privacy Heats Up: Major Cases in the Courts
- July 26, 2015
- Clayton Rice, K.C.
Privacy litigation advanced on three fronts in the United States, Britain and Canada this month. In the United States, the American Civil Liberties Union headed back to the U.S. Court of Appeals, Second Circuit, in the case involving the bulk…