Category: Criminal Law

Globe and Mail editorial attacks on Canadian creators and broadcasters: what’s up with the Globe?Globe and Mail editorial attacks on Canadian creators and broadcasters: what’s up with the Globe?



There was a time you could count on The Globe and Mail to support the Canadian cultural industries and to favour legal frameworks designed to strengthen them. You could also count on the Globe not to be soft on content theft by commercial pirates that harm Canadian businesses and impede ...

Website operator jailed for distributing copyright infringing copies of musical works: R v EvansWebsite operator jailed for distributing copyright infringing copies of musical works: R v Evans



Is operating a website that provides links to torrent websites which facilitates unauthorized downloading of musical works a criminal offence? If so, can the operator of such sites expect jail time as punishment for this crime? In a recent decision of the English and Wales Court of Appeal in Evans, ...

Wiretap intercept rules apply to mobile text messages says Supreme Court: R v TELUSWiretap intercept rules apply to mobile text messages says Supreme Court: R v TELUS



The Supreme Court decided yesterday that police are required to comply with Part VI of the Criminal Code if they want to secure the prospective and continuous production of text messages from a mobile carrier like TELUS. In R. v. TELUS Communications Co.,… ...

Charter protects employees’ privacy in data stored on employer computers rules Supreme court in R v ColeCharter protects employees’ privacy in data stored on employer computers rules Supreme court in R v Cole



The Supreme Court released its reasons in R. v. Cole, 2012 SCC 53 on Friday. It confirmed that a person has a reasonable expectation of privacy in his personal computer, even if it is owned by his or her employer. A police search of the computer without a warrant violated ...

RCMP report details Canada’s serious counterfeiting and piracy problemsRCMP report details Canada’s serious counterfeiting and piracy problems



The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following: Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of ...

Developments in Computer, Internet and E-Commerce Law (2009-2010)Developments in Computer, Internet and E-Commerce Law (2009-2010)



Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today,  The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring. The slides include a summary of the following cases and statutory references: Tercon Contractors Ltd.… ...

Supreme Court convicts Alberta man for Internet child luringSupreme Court convicts Alberta man for Internet child luring



“The Internet is an open door to knowledge, entertainment, communication — and exploitation.” This is the opening sentence in the Supreme Court’s opinion finding a 32 year old Alberta man guilty of child luring in R. v. Legare 2009 SCC 56 The Alberta man, who had claimed online to be 17, engaged inprivate ...