Canadian Law Case Study

Words: 2006
Pages: 9
Open Document
Biology and law are not altogether different. After all, at the heart of both lies evolution. Canadian law is very different from what it used to be. The Canadian Charter of Rights and Freedoms, a part of the Constitution Act, enacted in 1982, replaced the Bill of Rights of 1960. The change did not end there. The Charter is indefinite; therefore, the judiciary interprets the Charter and considers rights protection. Section 8 of the Canadian Charter of Rights and Freedoms states that “Everyone has the right to be secure against unreasonable search or seizure” (“Constitution Acts, 1867 to 1982”). This stipulates that government officials (namely the police) need to have reasonable and probable grounds before searching or seizing property. Section …show more content…
The appellant, TELUS Communications Co., allows subscribers to recover lost messages by keeping a backup of all messages sent over its wireless network. Police obtained a general warrant and a related assistance order under ss. 487.01 and 487.02 of the Criminal Code. They required TELUS to provide them with records of communication between two subscribers over a two-week period. In response, TELUS applied to quash the general warrant claiming that the release of private conversations requires authorization under the wiretap provisions in Part VI of the …show more content…
The SCC decided that text messages are protected with the same privacy as voice conversations. Consequently, the appeal should be allowed and the general warrant and related assistance order should be quashed. The ratio identifies that Part VI of the Criminal Code restricts the ability of police to obtain and disclose private conversations. In contrast, a general warrant would permit a peace officer to use any device or investigative technique to constitute a reasonable search. Justices Abella, LeBel, and Fish reasoned that text messaging is only different from voice conversations in its transmission. Thus, text messages must fall under the protection of Part VI of the Criminal Code. Technological advances must not determine the scope of protection provided to private conversations. McLachlin C.J. and Cromwell J. were in dissent stating that Telus intercepted the messages and the general warrant is authorizes retrieval of the information regardless of whether it is a private conversation ("R. v. TELUS Communications Co., [2013] 2 SCR 3, 2013 SCC 16
Show More

Related Documents: Canadian Law Case Study

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 2 CHAPTER 2 THE CANADIAN LEGAL SYSTEM Objectives After studying this chapter, you should have an understanding of • the impact of the Canadian legal system on business • the role of constitutional law in protecting commercial rights and freedoms • the government’s law-making powers under sections 91 and 92 of the Constitution Act, 1867 • the executive’s formal and political functions in regulating business • the judiciary’s…

Words 5659 - Pages 23

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 12 CHAPTER 12 OTHER TORTS Objectives After studying this chapter, you should have an understanding of • the range of torts that are relevant to business organizations • how torts arise from the use of property • how torts arise from business operations • how a business can manage the risk of liability in tort Learning Outcomes • • • • • • • • • Recognize that business activity can result in tort action (page 261) Recognize…

Words 4141 - Pages 17

Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 6 CHAPTER 6 FORMING CONTRACTUAL RELATIONSHIPS Objectives After studying this chapter, you should have an understanding of • how negotiations lead to a contractual relationship • how negotiations can be terminated • the legal ingredients of a contract • how contracts can be amended or changed Learning Outcomes • • • Understand how business negotiations can result in the formation of a contract or terminate without legal…

Words 3867 - Pages 16

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 27 CHAPTER 27 BANKRUPTCY AND INSOLVENCY Objectives After studying this chapter, you should have an understanding of • the legal aspects of business failure • the rights and obligations of debtors and creditors when a business fails  alternatives to bankruptcy • the stages in the bankruptcy process Learning Outcomes • • • • • • • • Recognize the options available to creditors and debtors of a financially troubled business…

Words 4011 - Pages 17

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 21 CHAPTER 21 TERMINATING THE EMPLOYMENT RELATIONSHIP Objectives After studying this chapter, you should have an understanding of • how the employment relationship ends • the differences among dismissals for just cause, dismissals with notice, constructive dismissals, and wrongful dismissals • the issues arising from a wrongful dismissal suit • the components of a termination settlement Learning Outcomes • • • • • •…

Words 4468 - Pages 18

Essay about Law and Law Review

|Carleton University |Department of Law and Legal Studies | Course Outline |Course: | |LAWS & HIST 3305 C & V – Crime and State in History | | | | | |Term:…

Words 7571 - Pages 31

CH 18 Essay

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 18 CHAPTER 18 INTELLECTUAL PROPERTY Objectives After studying this chapter, you should have an understanding of • the nature of intellectual property • the rights that attach to intellectual property • how intellectual property is acquired • how to protect the intellectual property assets of an organization Learning Outcomes • • • • • • Understand what is included in each category of intellectual property: patents,…

Words 4114 - Pages 17

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 9 CHAPTER 9 TERMINATION AND ENFORCEMENT OF CONTRACTS Objectives After studying this chapter, you should have an understanding of • the termination of a contract by performance • the termination of a contract by agreement • the termination of a contract by frustration • the methods of enforcing contracts • the concept of privity • remedies for breach of contract Learning Outcomes • • • • • • Understand that the best…

Words 4666 - Pages 19

Law Essay Media Rights 2015

Mr. Gilbert Grade 12 Canadian and International Law Research Essay: The Media and Individual Privacy Many years ago the term “privacy” had little meaning to many people and especially in many court environments. Since this time, the world has established rules and regulations including privacy rights which act to serve and defend all human beings under the Charter Rights. The Canadian Justice system imposes protection and privacy for citizens dealing with the law. This essay will explore…

Words 2828 - Pages 12

Politcs Law And Court Essay

Roshana Momen Class: AP/POLS 4130 6.0 Politics law and the Courts Date: April 22nd, 2013 Student Number: 210045524 Professor: Jennifer Dalton The Discrimination of Aboriginal and Muslim People In Canada: A Comparative Analysis of Discrimination and Rights Violations in Post-Colonial Canada Introduction Canada is often hailed as a beacon of multicultural acceptance. According to Statistics Canada, between 25% and 28% of Canadians are foreign born, and between 29% and 32% belong…

Words 5133 - Pages 21