Canadian Lawyer - sample

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 6 43 Paper, 2016". Included in the paper are a number of discussion points about allowing authorities to access digital information without a warrant. It seems like Canada is considering a move in this direction. This is not the right approach, according to Internet, technology and privacy lawyer David Fraser, a partner at McInnes Cooper in Halifax. "If police officers could just snap their fingers and get authorization to open your front door, they would do it all the time." By forcing the police to explain to a justice of the peace why they should be able to enter your house against your will, they will only seek that right when they absolutely have to. "So I am sorry not having easy access creates work for the police, but they're looking for a short- cut. And law-abiding Canadians will have their security compromised and that is not good." The evidence needed to prosecute cybercriminals can be located anywhere on the planet. Servers are easy to set up. Data can be bounced from place to place in microseconds, making it extremely difficult to find the person and the evidence behind the crime. And while some countries have agreements with Canada that can help authorities, many other countries do not. Fraser believes Canada's existing laws are effective enough. Referring to the "going dark" phenomenon, he says the ability to avoid police is not new. "It used to be, if you wanted to go dark, you'd go for a walk in the woods. Or you'd use pen and paper. There have always been ways to circumvent police surveillance." The problem, says Fraser, is not a lack of laws but a lack of imagination. "I don't mean that in the sense of making things up. What I mean is, the police are having trouble translating traditional crimes into the online context. The rank and file, the routine police who take the calls, who wear the uniforms, don't have the train- ing and the savvy to figure out all this [cyber] stuff." Fraser uses the tragic suicides of Amanda Todd and Rehtaeh Parsons as examples of cases where the horrific acts committed against the two young women — many of which includ- ed cyber elements — were clearly criminal and against Canada's exist- ing laws. "The attention to these cases made the public and the police say, 'Oh, we need new laws,' when in fact, we already have laws that could have been put to good use," says Fraser. Among the many crimes committed in these cases were child pornography and extortion. According to Fraser, the fact that the perpetrator in the Todd case was investigated in the Netherlands and extradited to Canada without having to enact any new laws is proof that, if you have the right resources and are able to co-operate with foreign police, the system works. Canadian cybersecurity expert Ritesh Kotak advises and assists the judiciary, the police and other officials with respect to the investigations, ana- ORDER YOUR COPY TODAY! Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS Ontario Lawyer's Phone Book is your best connection to legal services in Ontario with more than 1,400 pages of essential legal references. You can depend on the accuracy of this trusted directory that includes the most up-to- date names, phone numbers, mailing addresses and emails so you don't have to search anywhere else. More detail and a wider scope of legal contact information for Ontario: • Over 26,800 lawyers listed • Over 8,500 law firms and corporate offices listed • Fax and telephone numbers, e-mail addresses, office locations and postal codes 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 • Small claims courts • The Institute of Law Clerks of Ontario • Miscellaneous services for lawyers NEW EDITION Perfectbound Published December each year On subscription $82.50 One time purchase $86 L7796-5932 Multiple copy discounts available Plus applicable taxes and shipping & handling. (prices subject to change without notice) OLPB_CL_Nov_16.indd 1 2016-10-25 3:35 PM

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