The Supreme Court of Canada released one judgment, and denied leave to appeal in three other cases, likely to be of interest to Canadian business this week.
In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a unanimous Court issued a declaration of invalidity (suspended for 12 months) applicable to the Alberta Personal Information Protection Act (the “PIPA”). It was determined that the PIPA‘s prohibition on striking union members videotaping and photographing individuals crossing a picket line interfered with the union’s freedom of expression rights under s-s. … Continue Reading
The Supreme Court of Canada recently formulated new rules for computer searches by police, acknowledging that the traditional legal framework was inadequate to protect the privacy rights of individuals in their digital life. In R. v. Vu, 2013 SCC 60, the Court said that a police search of a computer now requires prior authorization in the form of a specific warrant.
The police had been tipped about electricity theft at a residence suspected of being used to cultivate marijuana. They obtained a warrant to search the residence for evidence of such theft, including information identifying the owners and/or … Continue Reading
Anyone who has watched Law and Order knows that the police, both here and in the U.S., do not need a warrant to rifle through someone’s curbside recycling bin. This is because that person has abandoned their privacy interest in the contents of the bin. Does the same hold true for items in someone’s computer desktop recycling bin?
Apparently not, according to the B.C. Court of Appeal in R. v. McNeice, 2013 BCCA 98. While putting something by the curb in the real world indicates an abandonment of a privacy interest, the B.C. Court of Appeal has held that … Continue Reading