No Warrant, No Text Messages
from The Docket Hosted by Michael Spratt and Emilie Taman
Emilie and I take a depot dive into two new Supreme Court of Canada cases about text messages. In a majority decision, authored by Chief Justice McLachlin, the Court ruled that individuals have a privacy interest in the text messages they send - even if those messages are found on someone else phone. And in a companion case the court clarified who can bring a privacy claim for text messages stored by telecommunication companies - hint: that person is you if the prosecution says you sent them. But the police don't need the more stringent wiretap authorization to get those stored message. But before we do that we take a slightly detour to talk about Jagmeet Singh's "rookie blunder" of taking a principled stand on drug decriminalization. We don't think it is a blunder to do the right thing - no matter how unpopular. We also take a looks at hypocrites getting into the legal marijuana business. And I cop to an embarrassing inappropriate gavel admission.
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