Electronic Devices at the Border: The Next Frontier of Canadian Search and Seizure Law?

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case as a leaping-off point, this paper explores how section 8 should be applied to searches of electronic devices in the possession of people entering Canada, concluding that an appropriate analysis would impose more robust privacy protection than has been seen to date. It also examines the issue of whether individuals can be compelled to unlock devices or surrender passwords during border searches

When (and Where) is a Crime a Crime? “Double Criminality” as a Principle of Fundamental Justice

The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry boils down to this: what should the law do in situations where one’s status as a criminal offender crosses borders, or some party or state agency seeks to have it do so? Put another way, in situations where it matters legally that a person has committed a crime, does it matter that the crime was committed in a foreign state? And if so, how do we determine whether that foreign crime should be given legal effect here in Canada

Of Neighbours and Netizens, Or, Duty of Care in the Tech Age: A Comment on Cooper v. Hobart

The focal point of this comment will be the recent judgment of the Supreme Court of Canada in Cooper v. Hobart, which appears to have made some significant changes to the elements of ‘‘duty of care’’, the foundational negligence concept. The Court framed its decision as refining duty of care analysis in order to properly deal with ‘‘novel claims’’ (i.e., those for which there is not an established or analogous duty of care in the existing case law). Given that the growth of elec- tronic commerce and Internet usage continues to spawn ‘‘novel’’ legal issues, Cooper is an appropriate starting point for a discussion of whether the law, as it stands, provides courts with the tools to determine when and where new duties of care should arise

Book Review: R.L. Campbell, Legal Issues in Electronic Commerce

The juncture of “law and technology” from a legal education point of view is an interesting one. Successfully engaging with law and technology requires stu- dents (of all ages and stripes) to absorb at least some of the substance of many discrete areas of law, as well as to assess how technology creates nexuses between them and challenges some of their underlying notions. As electronic commerce increasingly becomes the bread and butter of many law practices, this need comes into sharper relief — one has to grasp a large variety of fundamentals and simultaneously generate some insight as to where technology is pushing them. Diving into this pool as a student can be daunting. In the latest edition of Legal Issues in Electronic Commerce, Professor R.L. Campbell of Carleton University’s Law and Le- gal Studies Department has continued a successful effort at easing this transition. It is important at the outset to accurately describe this text, which is part of the “Canadian Legal Studies Series” of books published by Captus Press. That series, as described in the publishing blurb on the back of this book, provides texts that contain “articles, cases and analyses that are suitable for legal studies, law and society programs, or related courses in other disciplines.” Accordingly, this book is not a resource for e-commerce practitioners, nor is it designed for teaching an e-com- merce or law and technology course in a law faculty. Rather, it is geared towards undergraduate legal studies programs and, as might be expected, it operates at a slightly more basic level

Social Media: The Law Simply Stated

It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between. Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in a number of applicable fields. In particular we shall begin with discussion of the definition of “social media,” along with consideration of what we see as an important analytical theme: is this topic a topic? Do the challenges posed by social media have a single solution? Are they matters to which the law can simply adapt, or must new approaches be created? Can the same answer be provided in each context? Following that we will move to discuss basic principles of law in a variety of areas which are relevant to social media. These are: judicial notice; courtroom management; civil discovery; privacy; admissibility of electronic documents; criminal evidence-gathering; employment law; defamation; and finally, cyber-bullying

Hugh M. Kindred: A Tribute

We are pleased to introduce this special issue of the Dalhousie Law Journal, which is essentially a mini-festschriftin honour of Professor Hugh Kindred. Hugh began teaching at what was then Dalhousie Law School in 1971 and retired from full-time teaching in 2008, with a well-deserved Professor Emeritus status bestowed on him in 2010. In between Hugh provided wisdom, quiet counsel and gracious generosity to generations of students and faculty at what is now called the Schulich School of Law, and became a pillar of the Canadian legal academic community. His legacy is enormous and ongoing, as Hugh has continued to be active in both teaching and research since his retirement

Extradition and trial delays: recent developments (and lessons?) from Canada

Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years, Canadian courts have developed a series of principles to be applied to cases where extradition is involved in claims of trial delay. These range from the prosecution’s obligation to pursue timely trial in a diligent manner, to the extent to which extradition should simply be treated as procedurally neutral, to the attribution of delays when an accused has deliberately left the country to avoid prosecution. This body of case law is surveyed and analysed in this article, as a means of providing an illustrative example of state practice regarding this right. The authors conclude that, while Canadian law on this question is not entirely coherent internally, it generally complies with international standards.A extradição – a entrega formal de criminosos fugitivos entre Estados – é notória por ser um processo moroso que tem muitas vezes impacto, maior ou menor, na capacidade dos Estados concluírem a prossecução penal atempadamente. Assim, o processo de extradição pode por vezes entrar em conflito com o direito a um julgamento num prazo razoável, direito esse que faz parte no conjunto geral de direitos a um julgamento justo estabelecido no corpo internacional de Direitos Humanos. No Canadá, este direito é estatuído pelo parágrafo 11(b) do Canadian Charter of Rights and Freedoms. Em anos recentes, os tribunais canadianos desenvolveram uma série de princípios a ser aplicados a casos em que a extradição está envolvida em alegações de atraso de julgamento. Estes vão desde a obrigação da acusação promover um julgamento num prazo razoável de forma diligente, à ideia de que a extradição deve ser processualmente neutra, ou à atribuição de atrasos quando um arguido saiu deliberadamente do país de modo a evitar a prossecução penal. Este conjunto de jurisprudência é analisado neste artigo, enquanto meio de oferecer um exemplo ilustrativo das práticas públicas relativas a este direito. Os Autores concluem que enquanto a lei canadiana não é inteiramente coerente em termos internos, esta é, de uma forma geral, conforme aos padrões internacionais

The Nearshore Fish Fauna of Bonne Bay, a Fjord within Gros Morne National Park, Newfoundland

A standardized survey of the nearshore fish fauna of Bonne Bay, a fjord within Gros Morne National Park in western Newfoundland, was conducted using beach seines, gill-nets and bottom trawls during the month of June over a seven year period (2002- 2008). The survey documents the presence of 31 fish species (in 17 taxonomic families). Sampling sites varied in benthic habitat and associated fish assemblages. Both juvenile and adult life history stages of Atlantic cod (Gadus morhua) were present in Bonne Bay, suggesting the presence of a local population or “bay cod stock”. Acadian redfish (Sebastes fasciatus) live in the bay, and may be members of a genetically differentiable population of redfish. Striped wolfish (Anarhichas lupus), a fish species protected under Canada’s Species at Risk Act (SARA), inhabits Bonne Bay. Surrounded by Gros Morne National Park, this bay with a diverse fish fauna is a focus of local stewardship and conservation efforts

Design and Development of an Internationally Applicable Educational Video to Increase Community Awareness in Regions with High Prevalence of Melioidosis and Diabetes

Melioidosis is a neglected tropical disease that causes high morbidity and mortality. Public health awareness is essential for both prevention and early detection of the infection. This project aimed to develop an internationally applicable educational tool to increase community awareness in regions with high prevalence of diabetes and melioidosis. The animation was created with international collaboration. Sixty-four delegates from different cultural backgrounds participated in the survey to evaluate the animation. Feedback was positive, with 85% agreeing that they would use this video for public education and 82% agreeing that the video was culturally appropriate to them in the context of their region. The animation was refined after feedback. To supplement the 3-minute animation, a 13-minute film footage of interviews with clinicians, researchers and patients was also created. These materials have been made available online through the International Melioidosis Network and can be readily downloaded or subtitled in any language using publicly available software, demonstrating the utility of developing low-cost adaptable health education material targeted for widespread use internationally