Trends in Appellate Cases Will Carry Over to 2018

Senior associate Trish McMahon has penned “Trends in Appellate Cases Will Carry Over to 2018” for Canadian Lawyer Magazine.

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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To discuss these issues, please contact the author(s).

This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. If you require legal advice, we would be pleased to discuss the issues in this publication with you, in the context of your particular circumstances.

For permission to republish this or any other publication, contact Janelle Weed.

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