Search & Seizure Archives | Xaidsart LLP | Smart Litigation

Ted Marrocco joins CBA national symposium panel discussing search and seizure at the border

Ted Marrocco — Thu, 17 Jun 2021 16:00:00 +0000

The retention and sharing of exit and entry data by IRCC and CBSA officers is anticipated to cause increased allegations of misrepresentation and to fuel grounds for search and seizure at Canadian ports of entry. With the addition of a global pandemic, situations at the border can get complicated – quickly. Our partner, Ted Marrocco, will be joining an all-star panel of leading Canadian immigration counsel and CBSA officers today to discuss what to do when customs and immigration authorities detain individual clients at the border or surprise corporate clients with a search warrant at their offices. Ted will be speaking about critical topics such as cell phone searches, the right to counsel, and effectively maintaining claims of privilege. Panel details can be found here.

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Gerald Chan to speak at Osgoode PD Tech Crimes Conference

Ted Marrocco — Fri, 25 Jan 2019 15:02:47 +0000

On January 25, 2019, our partner Gerald Chan will speak at the 12^th National Symposium on Tech Crime and Electronic Evidence. Gerald will present on the panel, “Search and Seizure: Latest Key Cases” with Lynda Morgan (Fenton, Smith, Barristers) and Randy Schwartz (General Counsel, Crown Law Office Criminal). Among other things, they will discuss computer searches, compelled disclosure of cell phone passwords, and cross-border production orders. You can read more about the conference here.

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Fredrick Schumann speaks to judges of Central East Region on illegally-obtained evidence

Ted Marrocco — Thu, 06 Sep 2018 15:44:34 +0000

Xaidsart lawyer Fredrick Schumann spoke on September 5 to the judges of the Ontario Superior Court of Justice (Central East Region) at their annual conference. His presentation was on the exclusion of illegally-obtained evidence in civil cases. He presented with Ashley McInnis of Stewart Esten LLP and Professor Hamish Stewart of the University of Toronto Faculty of Law.

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Xaidsart to represent Criminal Lawyers’ Association in Tech Privacy Case at the Supreme Court of Canada

Ted Marrocco — Tue, 22 May 2018 14:26:07 +0000

Our partner, Gerald Chan, will be arguing on behalf of the Criminal Lawyers’ Association (CLA) at the Supreme Court of Canada this Friday, May 25 in R v Mills. This case raises the question of whether undercover police officers have to get judicial authorization (under s. 184.2 of the Criminal Code) before engaging in recorded text communications with an investigative target. It is in some respects a sequel to the Supreme Court’s important text message privacy decision in R v Marakah, in which Xaidsart was also counsel (to the B.C. Civil Liberties Association). You read the CLA’s factum in Mills here.

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