In my post titled Anti-Terrorism Law Passed by Canada's Senate dated June 10, 2015, I made this point. While Parliament flailed ahead with passing Bill C-51 there has been a developing claw back of state surveillance powers in the United States and Britain - actual and proposed. Among the leading ...
Continue Reading

On May 25, 2015, criticism of Bill C-51, the Conservative government's reckless Anti-terrorism Act, 2015, went up a notch when the Organization for Security and Co-operation in Europe (OSCE), the world's largest security oriented intergovernmental organization based in Vienna, released its legal analysis. OSCE concluded that Bill C-51 violates Articles 13 ...
Continue Reading

On January 17, 2012, Kimani Crawford was hanging out with a friend when they met up with Kevin Anderson. Anderson robbed a teenager of money which they used to buy liquor. They drank until four o'clock in the morning when Anderson decided to make a surprise visit to his girlfriend ...
Continue Reading

No one knows. Not that the question hasn't been asked. But, rather, because the domain of cyberlaw, or cybersecurity law, is one where the parameters have not been defined. Recent hacking attacks against Sony Pictures, Target and Anthem have heightened public interest and recently motivated the U.S. Congress to propose ...
Continue Reading

On May 1, 2015, the Supreme Court of Canada released a landmark ruling in Henry v. British Columbia, 2015 SCC 24 that damages in a civil claim may be awarded against the Crown for prosecutorial misconduct, absent proof of malice, under s. 24(1) of the Charter of Rights. In the ...
Continue Reading

On April 14, 2015, the Supreme Court of Canada released its opinion in R. v. Nur, 2015 SCC 15 holding that the mandatory minimum sentences for possession of a loaded prohibited firearm are unconstitutional. Writing for the 5-2 majority, Chief Justice Beverley McLachlin found that the minimum sentences of three ...
Continue Reading

In my post titled Privacy and Telephony Metadata dated October 2, 2014, I concluded with reference to ACLU v. Clapper in which the U.S. Court of Appeals, Second Circuit, reserved its decision on September 2, 2014. The three-judge panel released their ruling (Docket No. 14-42-cv) on May 7, 2014, concluding ...
Continue Reading

On April 21, 2015, the Supreme Court of the United States released an important ruling in Rodriguez v. United States, 575 U.S. _ (2015) holding that the Fourth Amendment does not allow the police to extend the duration of a traffic stop without reasonable suspicion for reasons unrelated to vehicle ...
Continue Reading

Since my last post titled Canada's Bill C-51 and The Right To Privacy dated April 16, 2015, the proposed anti-terrorism legislation has been in review by the Senate Standing Committee on National Security and Defence. On April 30, 2015, Professor Craig Forcese of the University of Ottawa, in his National ...
Continue Reading

In my post titled Privacy and Personal Autonomy dated January 2, 2015, I agreed with Professor Stephen J. Schulhofer in More Essential Than Ever: The Fourth Amendment in the Twenty-first Century (2012) that the ability of the individual to flourish in a vibrant democracy cannot survive in the absence of ...
Continue Reading