Tag: Canadian Charter of Rights and Freedoms

Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional

· 7 min read

The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.

Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications

· 3 min read

There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…

Ontario Court Confirms that “Location Matters” in Charter Claims

· 3 min read

In  Thain v. Pattison Outdoor Advertising LP, the Ontario Superior Court of Justice stayed an Ontario resident’s freedom of expression claim under the Canadian Charter of Rights and Freedoms (Charter), finding that the Court lacked jurisdiction over the subject matter of the litigation and that “[t]he interests of justice overwhelmingly favour Manitoba as the appropriate and…

Pay Equity Hearings Tribunal Clarifies Maintenance Obligations for Employers Utilizing the Proxy Method

· 8 min read

The Ontario Pay Equity Hearings Tribunal (the “Tribunal”) recently issued a long-awaited decision in Ontario Nurses’ Association v Participating Nursing Homes (“Nursing Homes“). At issue in this case was the Unions’ assertion that in order to maintain pay equity using the proxy method, employers were required to return to their proxy employer to obtain up-to-date…