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Privacy in the Digital Age

Recently, in the case of R. v. Matthew Spencer (June 17, 2014), the Supreme Court of Canada was called upon to consider our right of privacy in the context of the internet and IP addresses. An IP address is the location at which internet content is retrieved or disseminated. The IP address is generally associated with a named account holder who pays the service provider for access to the internet either through WIFI or directly. An IP address may range anywhere from your local Starbucks to your home or my criminal law office. In the Spencer case, Mr. Spencer’s identity was shared with the police by his service provider at the request of the police after it was discovered that the IP address associated with his account was used to access child pornography. The Supreme Court of Canada considered the broader implications of such sharing of information between service providers…

20 Jun 2014

Authority to Search a Motor Vehicle

10 Nov 2010

In Canada, all powers to search and seize are now subject to section 8 of the Canadian Charter of Rights and Freedoms, which articulates the right not to be unreasonably…

Subway Pusher Found Not Criminally...

28 Oct 2010

R. v. De Oliveira, 2010 ONSC 5847 Reasons for Judgment of Backhouse, J. delivered October 25,2010 BACKHOUSE J.: [1] Adenir De Oliveira is charged with 3 counts of attempt murder…

Not Criminally Responsible – Sec. 16 of...

21 Oct 2010

Sec. 16 of the Criminal Code reads as follows: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering…

Hearsay Evidence

18 Oct 2010

Generally speaking, a hearsay statement is an out-of-court statement made by person A to person B (or overheard by person B), which is being tendered in court as evidence of…

Wiretaps

9 Oct 2010

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…

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…