Tireless And Absolute

  • June 30, 2018
  • Clayton Rice, Q.C.

On June 22, 2018, the Supreme Court of the United States released the 5-4 opinion in Carpenter v United States, 585 US _ (2018) holding that a warrant is required for law enforcement to obtain cell site location information (CSLI)…

Too Good For The Neighbourhood

  • June 16, 2018
  • Clayton Rice, Q.C.

The exclusion of unlawfully obtained evidence from a criminal trial in Canada is governed by s 24(2) of the Charter of Rights. Evidence obtained in a manner that infringed a Charter right shall be excluded if its admission in the…

Privacy and Black Tech

  • May 31, 2018
  • Clayton Rice, Q.C.

On May 28, 2018, the General Data Protection Regulation of the European Union became law aiming to standardize the protection of personal data across Europe. But it is not a panacea. The new GDPR permits member states to enact derogations…

When Is a Rule a Precedent?

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

On April 18, 2018, the Alberta Court of Appeal released the Memorandum of Judgment in R v Pucci, 2018 ABCA 149 where the Crown brought an application for reconsideration of the rule in R v Gladue, 2012 ABCA 143 that…

Knowing What The Government Is Up To

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

The American Civil Liberties Union of Minnesota and the Electronic Frontier Foundation, in a joint Brief of Amici Curiae filed in Webster v Hennepin County, Minnesota Supreme Court, Case No.: A16-0736, began argument this way, at p. 5: “Knowing ‘what the government is…

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