privacy
-
Citizens and Judicial Independence
A lawyer’s attempt to spy on a judge is a threat to judicial independence Continue reading
-
What Was Equilibrium Like?
Do police need a warrant before pretending to be a child to attract would-be molesters? Continue reading
-
Can’t Take It
Can the police seize a computer (without searching it) if only one of its co-owners consents? Continue reading
-
Was Scalia Spooky?
Antonin Scalia’s views on snooping, in the 1970s and later Continue reading
-
Not Such a Simple Thing
A divided Supreme Court expands the powers of search incident to arrest A couple of weeks ago, the Supreme Court issued a decision, R. v. Saeed, 2016 SCC 24, that was further evidence of its majority’s expansive views of the police’s powers of search incident to arrest ― and trust in judicially developed checklists to prevent Continue reading
-
How to Get It Right on Wrongs
Ontario’s Superior Court has created a new tort. But should it have, in the circumstances? In Doe 464533, 2016 ONSC 541, a delivered a couple of weeks ago, Ontario’s Superior Court of Justice awarded substantial damages to a person whose ex-boyfriend posted an intimate video of her online, in addition to showing it to some Continue reading
-
The Power of Google, Squared
I wrote, I while ago, about “the power of Google” and its role in the discussion surrounding the “right to be forgotten” ― a person’s right to force search engines to remove links to information about that person that is “inadequate, irrelevant or excessive,” whatever these things mean, even if factually true. Last week, the Continue reading
-
Call Dropped
Yesterday, the Supreme Court delivered its decision on the constitutionality of warrantless searches of cell phones incident to arrest, R. v. Fearon, 2014 SCC 77. By a 4-3 majority, the Court held that such searches are constitutional provided that some limits are respected. The dissent would only have allowed such searches in very limited “exigent Continue reading
-
Tell Them Carefully
Cross-border disclosure of wiretaps survives the scrutiny of a (politely) divided Supreme Court. Continue reading
Double Aspect 