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 (“Hunter”), the threshold was designed to be normative: a reas
Sexual Offences: Actus Reus, Consent, and Procedural Inefficiencies - Megan Simpson
The blog will first analyze the element of consent in sexual assault, with an emphasis on how it relates to the actus reus of the offence. Next, I will give an overview of how the court’s interpretation of this element has evolved. Finally, I will conduct a brief comparative analysis between our system and the inquisitorial system to demonstrate how issues relating to establishing a lack of consent may be manifesting.
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.
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
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.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 prospectively or is there a presumption that invalid laws
