
Protecting the Privacy of your IP Address
If s. 8 of the Charter is to meaningfully protect the online privacy of Canadians in today’s overwhelmingly digital world, it must protect their IP addresses. An IP address is the crucial link between an Internet user and their online activity. Viewed normatively, it is the key to unlocking a user’s Internet activity and, ultimately,
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The rule against ungrounded common‑sense assumptions
The Supreme Court of Canada has ruled that he rule against ungrounded common‑sense assumptions should not be recognized as giving rise to an error of law. Such an error of law would represent a radical departure from how appellate courts have typically approached credibility and reliability assessments, especially in the context of sexual assault. The
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Mandatory Victim Surcharge Struck down as Cruel and Unusual Punishment
As per the Supreme Court of Canada in: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17416/index.do The mandatory victim surcharge constitutes punishment, engaging s. 12 of the Charter , and its imposition and enforcement on several of the offenders, as well as the reasonable hypothetical offender, result in cruel and unusual punishment. The surcharge cannot be saved under s. 1 of the Charter . It is not necessary to consider whether s. 7 of the Charter is infringed.
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