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Wiretaps

Though members of the public often interpret the word “wiretap” is referring only to listening devices used to intercept telephone calls, criminal defence lawyers and other legal practitioners use the word “wiretap” to refer to any concealed listening or recording device used to intercept private communications. Police use wiretaps to monitor private communications in hopes of obtaining evidence as part of an ongoing criminal investigation. It is both illegal and unconstitutional for the police to intercept private communications using a wiretap without first obtaining a wiretap warrant. The police can only act in so far as their conduct is empowered by law. There is no law which allows the police to set up a wiretap without prior judicial authorization in the form of a warrant. Thus, any warrantless wiretap is illegal. Moreover, section 8 of the Canadian Charter of Rights and Freedoms guarantees that every person has a right to…

9 Oct 2010

Remedies Pursuant to the Canadian Charter of...

5 Oct 2010

It is very important for every Canadian to understand, not only his or her rights under the Canadian Charter of Rights and Freedoms, but also how those rights can be…

Accessory After the Fact

27 Sep 2010

An individual may be liable for those offences which he she does not commit as a principle offender but in which he or she plays a part in committing. When…

Airport Security

20 Sep 2010

There is no place on Canadian soil where individuals have less constitutional protection than at an international airport. The government and the courts have determined that overriding concerns for effective…

Criminal Records Legislation Passed by MP’s

13 Jul 2010

Many individuals with criminal records opt to apply for a pardon in order to negate the detrimental effect a criminal record can have on daily life. The ability to get…

Aboriginal Accused and the Criminal Justice...

4 Jul 2010

If a guilty plea is entered or if a person is convicted after trial, the focus of the Court shifts to sentencing. If you are entering a guilty plea it…

Freedom of Expression Limited By G20

29 Jun 2010

The G20 summit has brought our world’s most powerful leaders to Toronto. Discussion topics for the summit relate to international finance and development. Toronto will be hosting leaders from the…