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LEGAL REPORT/FORENSICS & CRIMINAL LAW hearing an appeal against on May 16, that Cole had a right to expect his personal files on the computer's hard drive would remain private. Addario says the courts need to and will play a pivotal role in helping to shape and provide new and profound real-world meanings to the pri- vacy rights and obligations of individuals and companies in the ether-based realm of information technologies. "The belief that ownership means control of privacy is now an old-school way of looking at privacy, will require the courts to think carefully about information technology is the real- ity that many people now use employer- owned devices for personal and work- related communications. There is rarely an ability to distinguish the two. " says Addario. "A key issue that Addario also points to the ground- " ONTARIO LAWYER'S PHONE BOOK 2012 YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. More detail and a wider scope of legal contact information for Ontario than any other source: • More than 26,000 lawyers • More than 9,300 law firms and corporate offices • Fax and telephone numbers, e-mail addresses, office locations and postal codes Perfectbound • Published December each year On subscription $66 P/C 0514140999 One time purchase $69 P/C 0514010999 ISSN 0845-4832 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. Includes lists of: • • Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions • Ontario courts and services, including a section for provincial government ministries, boards and commissions • The Institute of Law Clerks of Ontario • Small claims courts • Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST 46 M AY 2012 www. CANADIAN Lawyermag.com OLPB 2012 - 1-2 Island - CL.indd 1 1/20/12 10:36 AM breaking majority ruling from the Sas- katchewan Court of Appeal in March, R. v. Trapp, which sided with a Sas- katoon man who was arrested and charged after his Internet service pro- vider SaskTel gave police his address and telephone number after they dis- covered child pornography in a shared electronic file. Brian Trapp successfully argued in his appeal from conviction on charges of possessing and distributing child pornography that he had a rea- sonable expectation of privacy in the IP address SaskTel assigned him, and that the disclosure constituted an unreason- able search under s. 8. "The Criminal Code and all federal legislation need to be modernized quickly in order to keep pace with the ubiquitous nature of elec- tronics," says Addario. "Either Parlia- ment or the courts will have to step in." For Hutchison, the Cole and Trapp rulings, together with groundbreaking decisions in two other Ontario Court of Appeal cases in 2011 suggest that privacy law is a bomb waiting to go off. R. v. Manley accepted the proposition that police need a search warrant to go through an arrested person's cellphone; and R. v. Jones said no to a police search of a database to try to find child pornography. "Police will do whatever they have a right to do to investigate crime, as they should, and for that same reason we should be very careful about the powers and tools we give them," he says. "The courts are doing their part to craft the privacy rules of the road for information technology. But the problem is lawmakers are having a hard time keeping up with all the changes in electronic devices. "I understand that it's complicated [and] PIPEDA is an incredibly dense statute [and] the federal justice depart- ment is wants and needs of police forces to find palatable and workable solutions for Canadians and businesses," adds Hutchison. "But we've been talking about this for a decade now and we still don't have clear privacy policy for the gathering, collection, and distribution of data. Unfortunately, bill C-12 isn't going to change that. trying to accommodate the "

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