Canadian Lawyer

use of technology and the fact that we are a global world and there are explo- sive issues on every front — particularly in communications and privacy and so on. Of course the jurisprudence will evolve to find solutions to these prob- lems." What constitutes publication? When is a document incorporated in a con- tract? Which court has jurisdiction over contracts signed in cyberspace? What is a reasonable expectation of privacy in the digital era? Charron says these are just some of the legal questions new technology raises. "In any subject matter you could see how the rules of common law may have to be adjusted on several issues — be it contract or tort — to adjust to this new environment." For example, Charron asks, what expectations should Canadians have of privacy in an age where someone can take a video of you at a shopping mall and put it up on YouTube or tape a speech you give and post it on a web site? "The whole notion of privacy, our s. 8 jurisprudence — you have the right to be secure against unreasonable search and seizure. Well, the measure is reasonable- ness. So you have to ask yourself, how reasonable is it to expect any privacy now? That shouldn't mean that you have no privacy. That cannot mean that you have no privacy. So you have to adjust the meaning of what's reasonable." Part of the answer may lie in how the material is used, says Charron. "It could be that the focus, on what is reasonable expectation of privacy, it could be that our focus might be more on what use will be made of it as opposed to just the expectation that it be captured. Because we live in a world where we can almost always be captured in some sense. What use will be made of it becomes a very important part of the equation." But those questions will be for her former colleagues to tackle. TIME OUT meditation she took up a few years ago, enjoying a more relaxed pace, and A www.CANADIAN Lawyermag.com A PRIL 2012 31 dout_CL_July_10.indd 1 6/17/10 3:10:05 PM t the moment, Charron is on sabbatical from all things legal. She is refusing speaking engage- ments, practising the Buddhist the ordinary things of life. She appears far more rested than she did when she stepped down from the bench last August. "I do want to let some time pass — I don't have a definite period in mind but I think less than a year would be meaningless in a way and then I will see." After that, Charron doesn't rule out a return to law — but not at the same intense pace as the Supreme Court. Private practice is one option, although she has always been less interested in the "business of law." She also loves teaching. But her eyes light up when she talks about the prospect of chairing a commission of inquiry — particularly one that calls upon her past in criminal law. "Some judges are asked to do a commission of inquiry. Some I don't think would interest me. There could be some that I think I could contribute something of value." But not before she has had her rest. Client's IP at Risk? Our bite is even worse than our roar. We are accomplished trial lawyers with years of study in science and engineering and we have the courtroom successes to prove it. It's treacherous out there, so if your client's IP is threatened – talk to us. it all starts somewhere www.ridoutmaybee.com Editors of the Canadian Patent Reporter

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