Advocacy Matters - May 2019
Keep up to date on what your fellow Society members have to say in Advocacy Matters.
Keep up to date on what your fellow Society members have to say in Advocacy Matters.
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Save Paper.<br />
Save Trees.<br />
Go Digital.<br />
THE FUTURE OF ADVOCACY<br />
Click here to<br />
opt-in to receive<br />
the digital version of<br />
The Advocates’ Journal<br />
Privilege at the Border—<br />
Should Lawyers be Resorting<br />
to “Burner” Phones?<br />
Brent J. Arnold, Gowling WLG<br />
It used to be only criminals resorted to “burner” phones—i.e. phones with no email, no<br />
texts, no contacts saved to them, to stymie law enforcement in the event of search and seizure.<br />
Lawyers crossing the border may now have to resort to these or more complicated<br />
workarounds to protect solicitor–client privilege.<br />
The Office of the Privacy Commissioner of Canada recently noted that “Canadian courts<br />
have not yet ruled on whether a border officer can compel a person to turn over their password<br />
and on what grounds, so that their electronic device may be searched at a border<br />
crossing” but that CBSA policy requires such searches not be treated as routine; rather, they<br />
should only be conducted where “evidence of contraventions may be found on the digital<br />
device or media.” CBSA officers are empowered to examine data stored on a device but are<br />
10 11
Change language