Tagged: detention

R v Canfield: Unrestricted Searches of Digital Devices at the Border Declared Unconstitutional

Over the past decade, personal electronic devices (“PEDs”) such as cell phones, tablets, and laptops have become mobile security safes for individuals’ core biographical and personal information. They contain banking...

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches

When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach.  In criminal cases, the remedies...

Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and...