The electronic records of elected officials have been a recent subject of interest both in Canada and in the United States. Most recently, Democratic Presidential nominee hopeful, Hillary Clinton, started her campaign amid controversy in relation to a private email server she had used during her time as US Secretary of State. The implications led […]
In R v Fearon, 2014 SCC 77 [Fearon], the Supreme Court of Canada considered the circumstances under which police officers can justifiably conduct a warrantless search of an arrestee's cell phone or other digital device. Fundamentally, the decision required the court to assess and balance the public purposes served by effective law enforcement against the dignity and privacy […]
Last November, the Supreme Court of Canada ("SCC") decided that Alberta's Personal Information Protection Act, SA 2003 c P-6.5, which, inter alia, had the effect of preventing unions from filming individuals crossing a picket line, was an unjustifiable violation of the constitutional right to freedom of expression (for more, see the commentary by Avnish Nanda and […]