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cover art for #104 - Privacy Law Issues 101 and Impacts On Canadian Immigration, with Gerald Chan

Borderlines

#104 - Privacy Law Issues 101 and Impacts On Canadian Immigration, with Gerald Chan

In this episode, we are joined by Gerald Chan, a privacy and criminal defense lawyer from Stockwood's LLP. We discuss several significant cases and topics within the realm of privacy law and its intersection with Canadian immigration law.


Gerald's paper on text message privacy can be found here.


Specific cases include:


R. v. Bykovets, 2024 SCC 6 (whether police need warrant to obtain IP address)

R v. Marakah, 2017 SCC 59 (whether police need warrant to obtain text messages)

R. v. Spencer, 2014 SCC 43 (online anonymity)


We also discuss the intersection between privacy law and immigration law, including when CBSA can search electronic devices, and invasive requests for documents. .

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