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February 2019 Archives

SCC Decision Clarifies Right of Privacy in Shared Digital Devices

In December the Supreme Court of Canada released their decision in R v Reeves. This decision considered what expectation of privacy an individual has in a shared digital device, such as a shared computer or tablet. The Court found that a third-party, even one who has access to the shared device, cannot unilaterally consent to a police search and seizure of the device.

Failing to Remain at the Scene of an Accident

It can be an offence to leave the scene of an accident in certain circumstances.  If you are driving a car, a boat or even flying an airplane and get into an accident with another person or vehicle you have a responsibility to remain at the scene and provide certain information.  You must give your name and address and, where any person has been injured or appears to require assistance, offer assistance.  If you do not provide this information there is an automatic presumption that you were trying to avoid civil or criminal liability, which is what is required for the prosecutor to prove the case.

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February 2019 Archives | Ottawa Criminal Law Blog