The Intimate and Biographical Core of Personal Information - Kerith Tung
Personal information is given out all the time, but what constitutes personal information at a societal level can be subjective. For example, some people may not hesitate to have their phone number posted online for all to see; others may prefer to ensure that all personal information is private. It is fortunate, then, that when determining a legally reasonable expectation of privacy as set out in Hunter v Southam[1] (“Hunter”), the threshold was designed to be normative: a r
Sexual Offences: Actus Reus, Consent, and Procedural Inefficiencies - Megan Simpson
Sexual assault is among the most polarizing topics in criminal law, with many voicing concerns that certain social factors can unfairly and negatively prejudice complainants. In this blog, I will argue that the issues commonly observed in sexual assault cases where testimony is the bulk of the evidence are not a result of the elements of the crime being poorly constructed, rather they are rooted within procedures. This blog will first analyze the element of consent in sexual
Turning Garbage into Gold: Physical Property vs. Abandoned Information - Shelly Neal
In the year 2021, personal data collection and privacy infringements seem to be the norm. Individual information is relinquished with the click of a button. Courts are now filled with novel cases exploring the limitations of privacy rights online. However, in the physical world, these rights appear quite established. The leading Canadian case on privacy protections, Hunter v. Southam,[1]was a landmark decision by the Supreme Court addressing the parameters of Section 8 of the
So He Stole Your Idea, Now What? - Booker Zhang
Imagine you run a small fashion design company, and a competitor, Tom, used your laptop without your authority and browsed through your design drafts. Three months later, you noticed that Tom’s company published a new jacket very similar to your design. You were outraged and called the police, hoping they could do something. And then? Most likely, nothing would happen. Since 2014, the government of Canada has never brought the fourth charge against “unauthorized use of a comp
R v Albashir: The Modernization of Sex Work - Jamie Robertson
Case and Relevant Criminal Code Section Discussion The case of R v Albashir (“Albashir”) discusses how the courts should treat a crime that has been committed after the law has been deemed unconstitutional but before this declaration has taken effect.[1] Will the convictions be upheld even though the law has been deemed unconstitutional by the Supreme Court, but the convictions occurred during a suspension period given to change the law? Will these declarations be applied pro