Class Action Plaintiffs Get Wiretap Records
- November 2, 2014
- Clayton Rice, K.C.
In a decision released on October 17, 2014, the Supreme Court of Canada had a rare opportunity to consider s. 193 of the Criminal Code which makes it a crime to disclose or use an intercepted private communication without the…
New Test for Appellate Courts to Raise New Issue
- October 16, 2014
- Clayton Rice, K.C.
In a judgment released on September 12, 2014, the Supreme Court of Canada established a new test for when an appellate court may interfere with the adversarial system by raising an issue not previously raised by the parties. The decision…
Privacy and Telephony Metadata
- October 2, 2014
- Clayton Rice, K.C.
On June 5, 2013, the British newspaper The Guardian reported the first of several leaks of classified material from Edward Snowdon, a former National Security Agency contractor, which revealed multiple U.S. government intelligence collection and surveillance programs. The NSA bulk telephony…
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…