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Articles 1 - 8 of 8
Full-Text Articles in Law
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Articles, Book Chapters, & Popular Press
Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
A Tale Of Two Brothers: The Impact Of The Khadr Cases On Canadian Anti-Terrorism Law, Robert Currie
Articles, Book Chapters, & Popular Press
After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and …
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Executive Branch Lawyers In A Time Of Terror: The 2008 Fw. Wickwire Memorial Lecture, W Bradley Wendel
Dalhousie Law Journal
This article discusses the ethical responsibilities of the lawyers who advise executive branch officials on the lawfulness ofactions taken in the name of national security. To even talk about this subject assumes that there is some distinction -betweena government that does all within its power to protect its citizens, and one that does all within its lawful power If there are good normative reasons to care about maintaining this distinction, then we have the key to understanding the ethical responsibilities of government lawyers. The Bush administration took the position that the role oflawyers is to get out of the way …
Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji
Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji
LLM Theses
The discontent in Liberia, which found expression in a violent rebellion, was soon fanned across the sub-region by the inconsistencies of the Berlin boundaries in Africa. Faced with a defective global machinery for the resolution of armed conflicts, what should the neighbouring states do? The West African states found an answer to that conundrum by forcefully intervening on the grounds of a collective security interest in Liberia. In an age of widening conception of collective security, the West African states have urged as legal justifications, the invitation by the incumbent president of Liberia, collective self-defence and an 'ex post facto' …
The Spycatcher Saga, D Gt Williams
The Spycatcher Saga, D Gt Williams
Dalhousie Law Journal
The central facts in the unfolding of the Spycatcher saga are relatively well-known. Peter Wright left M.I.5 in 1976 after some twenty years' service "in the shadows;" his health was "bad", his pension "derisory", but he had his "memories." After retirement he went to live in Tasmania, where (according to Kirby P in the Court of Appeal of New South Wales) "he still resides in a place with the idyllic name of Cygnet." Despite the distance Peter Wright remained closely involved in the welter of allegations and denials, which emerged especially after the unmasking of Anthony Blunt as a former …
The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch
The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch
Dalhousie Law Journal
In February and March 1988, two diplomatic conferences were convened under the auspices of the International Civil Aviation Organization (hereinafter referred to as "ICAO") and the International Maritime Organization (hereinafter referred to as "IMO") respectively, to develop new instruments aimed at preventing and punishing terrorist acts not covered by previous conventions. On 21 February, the ICAO Conference adopted by consensus the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971 (hereinafter …
The Law Of Police Authority: The Mcdonald Commission And The Mcleod Report, Rosemary Cairns Way
The Law Of Police Authority: The Mcdonald Commission And The Mcleod Report, Rosemary Cairns Way
Dalhousie Law Journal
By the summer of 1977 it was apparent that the Royal Canadian Mounted Police had engaged in unauthorized break-ins and unlawful seizure in their zeal to protect the national security., In response to growing public criticism and concern, then Solicitor-General Francis Fox announced the government's intention to establish a commission of inquiry into the scope and frequency of certain investigative techniques of the national police force. 2 The mandate of the McDonald Commission was to investigate RCMP procedures that were "not authorized or provided for by law". 3 Although the July appointment of the Commission resulted in an announced moratorium …