On The Wire

The Gun in the Glove Compartment

The doctrine of constructive possession is a legal fiction used to describe a situation where an individual has knowledge and control of an object without having physical custody of it. The doctrine came into play during a recent trial in the Ontario Superior Court of Justice that stemmed from the ...
Continue Reading
/

Conviction of Former Uber Chief Security Officer Affirmed

The conviction of former Uber chief security officer Joe Sullivan on obstruction of justice and misprision of a felony charges has been upheld by by the U.S. Court of Appeals for the Ninth Circuit in San Francisco, California. The charges related to his attempted cover up of a security breach ...
Continue Reading
/

Lazarus Group and the Bybit Hack

In one of the largest heists in the history of digital assets North Korean hackers exploited the Bybit cryptocurrency exchange and made off with $1.5 billion in cybercash. The incident occurred when a routine cold wallet to warm wallet transaction was manipulated through a sophisticated attack that masked the signing ...
Continue Reading
/

Assessing State Conduct Under the Grant Test

The admissibility of drugs and guns seized by the Vancouver police from a downtown eastside apartment was central to the conviction of a suspected drug dealer. A motion judge admitted the evidence although it was tainted by a police officer who attempted to influence the issuing judge to draw unsupported ...
Continue Reading
/

Charter Rights and Police Body-Worn Cameras

Canadian law enforcement agencies have been rolling out body-worn cameras requiring police officers to record all interactions with the public in the course of their duties with an exception that allows for deactivation when directed by a supervisor. A recent ruling from the Ontario Superior Court of Justice has highlighted ...
Continue Reading
/

The Rise and Fall of Do Kwon and Terraform Labs

Cryptocurrency magnate Do Kwon has landed in a New York court where he pleaded not guilty to allegations of a multi-billion dollar fraud stemming from the collapse of blockchain platform Terraform Labs. Mr. Kwon had been extradicted from Montenegro where he was arrested attempting to travel to Dubai on falsified ...
Continue Reading
/

Pegasus Spyware Maker NSO Group Found Liable for Attacks on WhatsApp Users

The developer of the mercenary Pegasus spyware has been found liable by a California court for the infection of targeted devices belonging to 1,400 WhatsApp users. The ruling will have significant implications for an award of damages against the notorious NSO Group Technologies whose invasive surveillance software has been abused ...
Continue Reading
/

Exigent Circumstances Justified Warrantless Search of Text Messages

What is the result when the police seize a cellphone belonging to a known drug dealer and then impersonate him in text messages to lure a supplier into an arrest? This question was recently considered by the Supreme Court of Canada in a case where the police asserted that a ...
Continue Reading
/

Exclusion of Evidence and the Rule of Law

The police showed up around midnight with a warrant to search a residential property in Oshawa, Ontario. Roydel Ramsay-Morris was arrested in the backyard and detained for two hours before he was given the right to call a lawyer. A ruling from the Ontario Court of Justice excluding a loaded ...
Continue Reading
/

Gun and Cash Tossed by Ontario Court of Appeal

The police in Thunder Bay, Ontario, had grounds to obtain a search warrant for Rashawn Samuels' apartment the day before he was arrested. But they chose to wait until after the arrest to apply for the warrant and denied his right to call a lawyer for nine hours while the ...
Continue Reading
/