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Routine Border Searches of Laptop Computers
“Routine Border Searches of Laptop Computers” (2008) 5:7 Can. Privacy L. Rev. 72-74.
in Non-refereed Book Chapters/Articles
Tags: Privacy Internet
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“Social Networking, Privacy and Civil Litigation: Recent Developments in Canadian Law”, forthcoming in (2011) 7:7 Can. Privacy L. Rev.
in Non-refereed Book Chapters/Articles
Tags: Privacy Internet
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"The Best Things in Law are Free: Towards Quality Free Public Access to Primary Legal Materials in Canada", (2000) 23 Dalhousie Law Journal 301-336
This paper examines the move, in the 1990s in Canada, towards making primary legal materials freely available to the public over the internet. The paper begins by assessing the situation in Canada at the time of writing, and the need for a centralized and harmonized electronic portal for primary legal materials. I consider initiatives in other jurisdictions aimed at providing comprehensive free public access, and explore the rationales for developing and providing such access. I explore some of the implications and questions raised by the provision of publicly accessible primary legal materials. These include the concepts of “public” and “access”, concerns about information monopolies, the role of lawyers as "infomediaries" and the normative implications of "freeing" the law.
in Refereed Articles
Tags: Internet IP
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"Intellectual Property on the Cyber-Picketline: A Comment on British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378", (2002) 39 Alberta Law Review 934-962
This paper is a lengthy and critical comment on the decision of the British Columbia Supreme Court, British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378.. The case remains an important decision on issues of passing off, trademark and copyright infringement relating to websites, domain names and meta tags. In this paper I explore these issues, all of which may commonly arise in situations of alleged competition between websites. The case thus provides a context for exploring legitimate and unlawful uses of domain names and meta tags, copyright infringement, and web site design, and touches on the role of s. 22 of the Trade-marks Act. Because BCAA also occurs in the context of a labour dispute, it raises further issues about intellectual property rights and freedom of expression. In this context, I examine the balance being struck between monopolistic intellectual property rights and the fundamental right of freedom of expression.
in Refereed Articles
Tags: Internet IP
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“Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization” (2007) 6 Canadian Journal of Law and Technology 29-60. (With Stephen Coughlan, Robert Currie and Hugh Kindred) PDF Available here.
The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. In this we consider issues of jurisdiction, distinguishing between territorial and extraterritorial jurisdiction, and defining and discussing legislative/prescriptive jurisdiction, executive/enforcement jurisdiction, investigative jurisdiction and judicial/adjudicative jurisdiction. We discuss the mechanics of extraterritorial action, and the means by which extraterritorial action is taken. We also consider the policy justifications which have primarily motivated Canada to act extraterritorially in the past. In the second part of the paper, we consider whether the lessons of the past are applicable to the future. Primarily we will do this by pursuing four “case studies” of areas of law which raise new and challenging issues. These include i) the internet; ii) personal data protection, iii) human rights and iv) competition in the marketplace.
in Refereed Articles
Tags: Privacy Internet
