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Book S.O. Annual/biannual/biennial
344 pages
1 volume bound

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Computer Crime in Canada
By: Scott C. Hutchison, B.A., LL.B., Robert W. Davis, B.A., C.F.E.
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“It undoubtedly is required reading for any peace officer working in the area of technological crime or for any party responsible for technological security in an organization.” The Honourable Justice E.A. Marshall Court of Queen's Bench of Alberta Computers offer a number of challenges to the criminal justice system. These challenges are both practical and legal. Computers offer new ways to commit old offences, suggest legislators should create new computer-specific offences, and present investigators with fresh opportunities to gather evidence and build cases. This text seeks to identify and address some of the practical, technological and legal issues associated with computer criminal activity, and offers a consideration of the current state of the substantive and procedural law surrounding these issues • criminal and non-criminal solutions • criminal copyright law • offences directed at computers • mischief to data • theft of telecommunications services • speech-like offences • evidence gathering • search and seizure.
About the Author

Scott Hutchison is a partner at Henein Hutchison LLP. His practice includes complex civil, criminal, regulatory and constitutional litigation, with a particular interest in white collar crime and appellate advocacy. He is a Fellow of the American College of Trial Lawyers, a member of the Supreme Court Advocacy Institute and has been recognized in Best Lawyers in Canada for Appellate Law and Criminal Defence and for in Chambers Canada in Dispute Resolution. He was appointed by the Attorney General and the Law Foundation of Ontario to the province’s Class Proceedings Committee.  He is a member of the Board of Innocence Canada, a group dedicated to correcting wrongful convictions.

His recent practice has included advising in relation to the defence of complex class actions, advising clients caught up in business crime investigations, and representing individuals and entities in serious criminal cases at all levels of court. He has argued numerous criminal and civil appeals and trials, including hundreds of matters in the Ontario Court of Appeal and more than two dozen cases in the Supreme Court of Canada. He appears regularly before senior professional discipline tribunals, the Ontario Securities Commission and similar tribunals.

From 1989 to 2005, Scott was counsel at the Crown Law Office-Criminal (Ontario) where he represented the Crown at all levels of court, including hundreds of appearances in the Court of Appeal and numerous appeals in the Supreme Court of Canada.

He is the author of a number of frequently cited legal texts, including Search and Seizure Law in Canada (Carswell); Hutchison’s Search Warrant Manual, 2015 (Carswell); Computer Crime in Canada (with Robert Davis); and is a past author of McWilliams Canadian Criminal Evidence (4th) (Canada Law Book).

Scott is a member of the faculty of the National Criminal Law Program. He is one of the Co-Chairs of the Osgoode Professional Development Program National Symposium on Search and Seizure Law in Canada. He is a popular speaker on a variety of legal topics. Scott writes and teaches extensively and was a member of the adjunct faculty of Queen’s University Law School where he taught Trial Advocacy and Appellate Advocacy from 2005 to 2013. From 2006 to 2008 he also taught Advanced Evidence at Osgoode Hall Law School. He is a member of the Advocates’ Society, the Criminal Lawyers Association, and the International Society for the Reform of the Criminal Law.

Robert W.K. Davis is a criminal investigator in the Commercial Crime Section of the Royal Canadian Mounted Police. He has been investigating commercial crime and computer crime for almost all of his 17 years of service, and is currently in charge of the Technological Crime Unit at Milton Detachment in the Toronto area. In addition to being qualified as an expert witness for criminal proceedings, Sgt. Davis lectures regularly for both private and public organizations.