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Charter

By Occasional Contributors | 6 Minutes Read January 27, 2016

Phone companies after R v. Rogers: Constitutional guardians or agents of the State?

People love their phones. Phones now accompany us pretty much wherever we go, whatever we do. People use their phones in church, in restaurants, at the theatre, and, apparently, while committing crimes. And our phones are leaving a trail behind us. Police know this. They also know that records are created every time our phones connect to cell towers to send and receive calls, SMS messages, or data. Every one of those records indicates that a phone (and, implicitly, the person carrying it) was in range of a particular cell tower, at a particular time. This could be useful information if, say, one wanted to identify the person (or people) responsible for a string of jewelry store robberies. The method will be familiar to many from movies and T.V. shows: all you need to do is to gather a list of every single person who was near each of the locations of interest at the time of interest and analyze the patterns. And, hey, that cell tower data can provide that list…. But is it legal?

Article by Occasional Contributors / Business, Information Technology, Privacy / canadian charter of rights and freedoms, cell tower data, Charter, criminal code, Fair Information Practice Principles, PIPEDA, production orders, reasonable expectation of privacy, Rogers and Telus, Telecommunications, The principle of limiting the collection of personal information, unreasonable search and seizure

By Adam Gorley | 3 Minutes Read March 16, 2015

Lawyers' commitment to clients' cause a 'principle of fundamental justice'

Lawyers are not required to collect client financial information, prepare reports on that information and submit to warrantless searches from the Financial Transactions and Reports Analysis Centre of Canada under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act...

Article by Adam Gorley / Business, Finance and Accounting, Privacy / agents of the state, archives for the police and prosecution, Canada v. Federation of Law Societies of Canada, canadian charter of rights and freedoms, Charter, commitment to the client's cause, FATF, Federation of Law Societies of Canada, Financial Action Task Force, financial intermediaries, Financial Transactions and Reports Analysis Centre of Canada, FINTRAC, fraud, lawyers, legal compliance, legal profession, money laundering, principle of fundamental justice, Proceeds of Crime (Money Laundering) and Terrorist Financing Act, receipt of funds record, record keeping, security of the person, solicitor-client privilege, supreme court, terrorist financing, unreasonable search and seizure, warrantless searches

By Occasional Contributors | 3 Minutes Read December 19, 2014

Court confirms that religious charities must actively promote a religion

Earlier this month, the Federal Court of Appeal was asked to consider whether the Minister of National Revenue had erred in confirming the decision of the Canada Revenue Agency (CRA) to deny the Humanics Institute’s application for charitable status. CRA denied the application on the basis that: 1) The Humanics Institute’s purposes were too broad; 2) the activities stated in support of its purposes were not charitable; and 3) it did not demonstrate that it would have direction and control over certain of its resources, as its proposed funding of a foreign scholarship could not be considered to be the organization’s “own activities” or the funding of a qualified donee.

Article by Occasional Contributors / Not for Profit / Canada Revenue Agency, charitable registration, charitable status, Charter, comprehensive system of faith and worship, doctrines and observances, federal court of appeal, Humanics Institute, Minister of National Revenue, religious charities

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