Below is a post I wrote for All About Information regarding a significant decision rendered by the Supreme Court of Canada last Friday on the scope of the “advice and recommendations” exemption from disclosure found in the Freedom of Information and Protection of Privacy Act: “Yesterday the Supreme Court of Canada held that the “advice and recommendations” exemption…
Practice Area: Information, Data Security & Privacy
Ontario Government Proposes New Public Sector Compensation Restraint Legislation
On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes
The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…
Canada’s Anti-Spam Legislation to Come into Force on July 1, 2014
On December 4, 2013, the Department of Industry published the final version of the Electronic Commerce Protection Regulations (the “Industry Canada Regulations”) under Canada’s Anti-Spam Legislation (“CASL”) – the last step in the long process of putting a comprehensive regulatory scheme into place. At the same time, the government announced that much of CASL would…
Federal Government Releases Final Anti-Spam (CASL) Regulations
On December 4, 2013, the federal government published final Electronic Commerce Protection Regulations (“final ECP Regulations”) under Canada’s Anti-spam Legislation (“CASL”). As previously reported, CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). Earlier proposed regulations under CASL had been released for consultation in July, 2011, and again on January 5, 2013 with…
Supreme Court of Canada Hears Case Involving the Intersection of Privacy and Labour Relations Rights
The Supreme Court of Canada recently heard an appeal that involves the intersection of privacy rights with a union’s duty of representation to its membership. At issue was the request of the appellant that her employer not disclose her personal information to her union, to which she was obligated to pay dues but declined to…
Supreme Court of Canada Declares Privacy Legislation Invalid for Infringing Union’s Expressive Rights
Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…
Paul Broad Quoted in Lexpert Magazine
In the October 2013 edition of Lexpert Magazine, an article entitled “The Exponential Growth of Privacy Law” discussed privacy law as a growing legal practice that permeates nearly every business decision, and transcends nearly every industry. In the article, Paul Broad commented on CASL [Canada’s new anti-spam and anti-malware law], “CASL will cover all sorts…
Hicks Morley Information and Privacy Post – 2013
Dear Friends: It’s early October 2013, and here’s what’s on our minds. With great pleasure, we’ve released this year’s Information and Privacy Post – a review of 60 information management and privacy cases that caught our attention in the last year. We like the exercise of producing the Post because pulling together and organizing recent…
Manitoba Passes Private Sector Privacy Legislation
On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…