The piece discusses a range of trends in appellate jurisprudence that emerged in 2017. The trends Trish expands on in the article will be relevant to in-house counsel moving into 2018.
Some of the issues discussed include those relating to privacy rights, class proceedings and our daily use of technology. An excerpt of the article is below.
Privacy rights: It’s a brave new world online
For years, we have been told to think emails are about as private as the messages on the back of a postcard. But what about text messaging? In addition to affirming that privacy is a quasi-constitutional right in Douez, the SCC also weighed in on whether texts attract privacy rights in R. v. Marakah and R. v. Jones.
In this pair of criminal cases, the court said individuals can reasonably expect their texts to remain private even after they have been sent to and received by another person or stored by a telecommunications provider.
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