Digital search and seizure Archives | Xaidsart LLP | Smart Litigation

Nader Hasan Speaks on Encryption and Passcodes at Search & Seizure Conference

Ted Marrocco — Fri, 07 Feb 2020 16:12:40 +0000

Today, Xaidsart partner Nader R. Hasan spoke to police, prosecutors and defence counsel at the Osgoode Professional Development annual Search & Seizure conference. Along with Justice Phil Downes and Crown counsel Mabel Lai, Nader discussed current legal issues in data encryption and password protection. To learn more about the conference, click here.

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Gerald Chan and Nader R. Hasan speak at annual Criminal Lawyers’ Association (CLA) Conference

Ted Marrocco — Sun, 17 Nov 2019 22:30:46 +0000

Yesterday, Xaidsart partners Gerald Chan and Nader R. Hasan spoke at the CLA’s annual conference. Their presentation, “Decoding Digital Evidence”, examined the rules of admissibility relating to electronic evidence, whether the police can compel you to produce your passcode, and the coming Artificial Intelligence revolution. For their slide presentation, click here.

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Supreme Court of Canada releases landmark decision on undercover investigations

Ted Marrocco — Mon, 22 Apr 2019 10:00:15 +0000

On April 18, 2019, the Supreme Court of Canada released its judgment in R v Mills. In a plurality opinion, Justice Brown held that s. 8 of the Charter does not require undercover officers to get judicial authorization before posing as a child and texting with suspects online. The applicability of s. 8 of the Charter beyond this narrow context remains unclear. In a concurring opinion, Justice Karakatsanis held that s. 8 of the Charter is never engaged when an undercover police officer exchanges text messages with a suspect, but that opinion did not command a majority (or even a plurality) of the Court.

Our partner, Gerald Chan, represented the Criminal Lawyers’ Association in this appeal. He shared his thoughts on the Court’s decision with the Lawyer’s Daily.

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Xaidsart Academy on YouTube

Ted Marrocco — Fri, 20 Apr 2018 20:04:16 +0000

Visit our YouTube channel to find videos from the September 2017 edition of Xaidsart Academy.

The “Right to be Forgotten” and Related Media Issues by Andrea Gonsalves

Anton Piller/Norwich Orders by Brendan van Niejenhuis and Tiffany O’Hearn-Davies

Law Enforcement Requests for Digital Data by Gerald Chan

PIPEDA and Civil Liability for Privacy Breaches by Nader Hasan

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