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 rights of encryption. We have become almost immune to new ...
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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, commissioner of the City of London Police; and, Javier Zaragoza, ...
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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 Alberta in Edmonton. A justice of the Court of Queen's ...
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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 suspected to have been committed", contained in s. 487.012(3)(a) of the ...
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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 data collection program of the National Security Agency. In a ...
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A thorn in s. 8 of the Canadian Charter of Rights, and in Fourth Amendment doctrine in the United States, has been this question: Do condominium owners and apartment lessees have a reasonable expectation of privacy in the common areas of their buildings? The question has received some answers in two ...
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On June 29, 2015, Britain's Prime Minister David Cameron caught the public ear again by claiming that the Bogeyman is lurking somewhere on the Internet. Mr. Cameron said that the privacy policies of companies such as Google, Facebook and Twitter are "unsustainable" and that security services must be able to ...
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In my post titled The Right to Notification dated August 2, 2014, I discussed s. 196 of the Criminal Code which contains the post facto transparency rule that a person who was the subject of a wiretap interception must be given notice within ninety days after the wiretap ended. It is ...
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On June 22, 2015, the Supreme Court of the United States released its ruling in City of Los Angeles v. Patel et al, 576 U.S. _ (2015) that: (1) facial constitutional challenges can be brought under the Fourth Amendment; and, (2) the ordinance in the Los Angeles Municipal Code requiring ...
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On June 22, 2015, the British government's intelligence monitoring agency released its ruling that the interception of private communications of two international human rights groups by the Government Communications Headquarters (GCHQ) was illegal and in breach of Article 8 of the European Convention on Human Rights (ECHR). Article 8(1) provides: "Everyone ...
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