In a small article published on The Gazette’s website, titled The delicate issue of law and technology, the undersigned comments a recent decision in criminal law by the Quebec’s Court of appeal .
Two main issues are identified. The first one: how should the plain-view doctrine be construed in the case of electronic documents search and seizures ? The second: how should we mediate, one one hand, the right of an accused not to be compelled to participate in self-incrimination, with, on the other hand, the arrival of ever more powerful and efficient cryptographic tools that can be used to conceal incriminating evidence?
If one can’t answer these questions, he may at least try to formulate them!
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