In my blog dated October 17, 2014, titled, “Impending Lapse of PIPA Creates Uncertainty”, I explored the consequences of PIPA being struck had the Alberta government failed to amend PIPA to comply with the Canadian Charter of Rights and Freedom (the “Charter”) and meet the November 15, 2014 deadline.
Since my October 17, 2014 blog, I have had the opportunity to meet Jill Clayton, the Alberta Information and Privacy Commissioner. In my discussion with Jill Clayton, she advised me that, on October 31, 2014, the Alberta government was granted a 6 month extension to amend PIPA and ensure compliance. … Continue Reading
On November 15, 2013, the Supreme Court of Canada struck down the Alberta Personal Information Protection Act (“PIPA”) in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401, 2013 SCC 62 (“United Food”), and despite a one-year stay to allow for necessary amendments, delay on the part of the Alberta government has caused PIPA’s lapse to become an inevitability.
The SCC found that sections of PIPA violated the right to freedom of expression enshrined in s. 2(b) of the Canadian Charter of Rights and Freedoms (the “Charter”). Further, the SCC found … Continue Reading
The ubiquitous and rapidly-evolving nature of technology has recently necessitated serious consideration of our “reasonable expectation of privacy.” This concept is at the core of Canadian privacy law. In particular, the concept is a key part of the Charter test for s. 8, the right to be secure against unreasonable search and seizure. The Supreme Court of Canada (“SCC”) grappled with these questions in R v Cole and R v Vu, and more recently, the British Columbia and Ontario Courts of Appeal applied these Charter principles to couriered packages and USB keys in R … Continue Reading