As with society in general, the practice of criminal law has changed significantly over recent decades as a result of the amazing growth and development of technologies which, until now, were only ideas and imaginings of science-fiction writers. The lawyer of 20 or 30 years ago would likely be … [Read more...]
Social Media and the Law
I. INTRODUCTION In today’s world, a number of social networking sites (“SNSs”) have arisen, whereby people from all over the world are beginning to communicate with each other in new ways on the Internet. SNSs are a cultural phenomenon which have revolutionized interpersonal communication and will … [Read more...]
R v Fearon : Can Police Search a Cellphone Upon Arrest?
Important Update: Please see the article by Juliana Ho about the Supreme Court of Canada ruling in R. v Fearon. The Supreme Court of Canada decided that the police search of Mr. Fearon's cellphone did breach his Charter s. 8 right to be free of unreasonable search and seizure but decided that … [Read more...]
Organizations Need to Build their CASLs: Information for Non-Profits and Registered Charities
What is CASL? CASL stands for Canada's Anti-Spam legislation. This anagram is the unofficial name for a new law that came into force across Canada on July 1, 2014. Because it is a federal law, it will apply to not-for-profit organizations and, with some limited exceptions, to registered charities … [Read more...]
Porter Airlines: A case study in CASL
On June 29, 2015 the Canadian Radio and Television Commission (CRTC) announced that Porter Airlines Inc. had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada's Anti-Spam Law (CASL). CASL requires consent to send commercial electronic messages to an … [Read more...]
Some Observations about Evidence in the Electronic Age
Case Commented On: Kon Construction v Terranova Development, 2015 ABCA 249 This Court of Appeal decision concerns a dispute over the performance of a contract. Terranova retained Kon Construction to grade lands for residential development. The work was to be done in 2005 but was delayed into 2006 … [Read more...]