Lawyers, Smartphones and Box 23

  • January 28, 2018
  • Clayton Rice, Q.C.

Invasion of lawyer and client confidentiality by the state in the digital era is increasing with alarming frequency. And the number of cases before Canadian courts involving violations of solicitor-client privilege are also increasing. The law is not the concern….

Privacy And Historic Text Messages

  • January 12, 2018
  • Clayton Rice, Q.C.

On December 8, 2017, the Supreme Court of Canada released the 6-1 ruling in R v Jones, 2017 SCC 60, concurrently with R v Marakah, 2017 SCC 59, that I discussed in my last post to On The Wire titled The…

The Conversation

  • December 30, 2017
  • Clayton Rice, Q.C.

On December 8, 2017, the Supreme Court of Canada released the 5-2 ruling in R v Marakah, 2017 SCC 59, that text messages sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be…

Constructing Mosaics

  • December 16, 2017
  • Clayton Rice, Q.C.

On November 28, 2017, the redacted ruling by Chief Justice Paul S. Crampton of the Federal Court of Canada was released in a case where the Canadian Security Intelligence Service (CSIS) seized personal identification data by the deployment of a…

The ‘Fantastic’ Test In Drug Law

  • November 28, 2017
  • Clayton Rice, Q.C.

Near a motel. You know the kind of place. Night. Rain. A cigarette lighter flicks in the dark and a pickup pulls out of the parking lot. Two blocks later the police come from nowhere. Maybe a broken tail light? Some…

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