OTTAWA — The federal government has taken the first step toward approving a new device for testing drivers’ saliva for cannabis use, potentially giving police a long-awaited second option. Over the weekend, the government posted a
After deciding that the determination of whether a ‘reasonable expectation of privacy” exists in communications is contextual, have now found that the nature of the relationship is context. Specifically (?) you do not have an expectation of privacy in a sexual communication with someone you believe to be a child, who is a stranger to you.
A man who was convicted of luring a 14-year-old girl over the Internet had no expectation of privacy in his online communications with “Leann,” who in reality was an undercover police officer, the Supreme Court of Canada ruled today, in a judgement in which the judges diverged on approaches to privacy.
Source: No expectation of privacy in child-luring cases on the Internet, SCC rules | Canadian Lawyer Mag
POLICE RECORD CHECKS – If you’re wondering if that old indiscretion will be reported on a “criminal record check”, here is a summary of what can and cannot be disclosed in each level of record checks.
ARE ELECTRONIC SEXUAL CONVERSATIONS PRIVATE? – Not if it’s with a child (or someone pretending to be a child) that you don’t know. In such a case you have no reasonable expectation of privacy, our Supreme Court says. (R. v. Mills) I wonder if that’s going to apply to all electronic communications involved in any alleged crime? Here is the “Case in Brief”.
Source: Supreme Court of Canada – 37518
CHAOS AT WALMART – This is why I hang around my local Walmart on Saturday, for the opportunity to hand out my business cards. And then there’s the bowls of mashed potatoes mystery. I’m gonna get the Fox News app.
Chaos descended on a Wisconsin Walmart store Wednesday night after a karate-performing mother, her naked son, and their belligerent dog shoplifted, ran amok in the store.
Source: Chaos at Walmart as woman performs karate, son exposes himself, dog steals food, police say
LEGAL AID CUTS – Balancing the books on the backs of refugees. This is Doug Ford’s conservatism.
Legal Aid Ontario budget cuts by the Doug Ford government eliminate funding for refugee and immigration law services.
Source: Feds, lawyers slam Ontario’s ‘discriminatory’ legal aid cuts for refugee claimants
CANNABIS AND DRIVING – It used to be that when police smelled or saw cannabis in a car they’d charge you with possession. Now that possession is legal they charge you with impaired driving, whether you’re actually impaired or not.
The lawyer for Michelle Gray, who uses medical cannabis to treat symptoms of multiple sclerosis, says her case shows that impaired driving laws are too broad and too vague.
Source: N.S. woman plans constitutional challenge of roadside cannabis test | The Star
POLICE DEPLOY STINGRAYS IN AN OPERATIONAL VACUUM – This is a stunning disregard of and an intrusion into your privacy. Police may have been monitoring your mobile device and you’ll never know it.
THE SUPREME COURT OF CANADA’S VIEW OF INCARCERATION IN CANADA
“[26] Nonetheless, on any given day in Canada, nearly half of the individuals in provincial jails are accused persons in pre-trial custody: Statistics Canada, Adult and youth correctional statistics in Canada, 2016/2017 (June 2018), at p. 7; Statistics Canada, Trends in the use of remand in Canada, 2004/2005 to 2014/2015 (January 2017). In 2016-2017, approximately 7 percent of those in remand were still in custody after three months, and some spent upwards of 12 or even 24 months awaiting trial in detention: Statistics Canada, Table 35-10-0024-01 — Adult releases from correctional services by sex and aggregate time served (online). It must be said that the conditions faced by such individuals are often dire. Overcrowding and lockdowns are frequent features of this environment, as is limited access to recreation, health care and basic programming.”
MANDATORY 90 DAY DETENTION REVIEW – The S.C.C. ruled today that for accused persons detained in custody until trial, the onus is on the jail and the prosecutor to bring the accused to the Superior Court of Justice every 90 days where a Judge must reconsider the need for detention. Supreme Court of Canada – 37869
Source: Supreme Court of Canada – 37869