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

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…

2014 Summer Edition

Focus on Information Management and Privacy Information and privacy – the HR sphere and beyond Legal Developments A diminished expectation: computer use policies and privacy in the post- world New policy sheds light on gender discrimination prevention People Privacy, please Download PDF

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…

Dan Michaluk Quoted in The Lawyers Weekly

Hicks Morley’s Dan Michaluk was quoted in the November 2, 2012 edition of The Lawyers Weekly. In an article entitled “Some digital privacy due onwork devices”, Dan comments on the significant decision made by the Supreme Court of Canada on workplace privacy in R v. Cole. In this case, it was unanimously held that employees…

Frank Cesario Quoted in Law Times

Hicks Morley’s Frank Cesario was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Cole prompts vigorous debate on privacy at work”. The Supreme Court of Canada’s recent decision in R v. Cole suggests that employees do retain some reasonable expectation of privacy in personal data stored on employer-owned…

Supreme Court of Canada Discusses the Reasonable Expectation of Privacy in Workplace Computer

The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…

Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer

The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…