Posts Tagged ‘Privacy’

Privacy compromised: Legal rights and protections in Canada

August 4th, 2016 by Michael Hackl

This article was first published on rabble.ca

Privacy and secrecy are two interrelated concepts that raise a great many legal and ethical questions, with few easy answers. A recent example of the interplay between these concepts comes from the recent misuse of surveillance video by a liquor store employee. To set the stage, we have to go back to 2013, when a nasty verbal altercation between a feminist activist and men’s rights supporters at an event at the University of Toronto was recorded and uploaded to the Internet. The online response was truly appalling, as the woman involved received numerous serious threats. The level and nature of the abuse (including death and rape threats) was so egregious that she withdrew from her advocacy work, and instead tried to disappear from public attention.

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Anti-terror bill C‑44: Pushing the limits of Canadian rights

November 27th, 2014 by Shelina Ali

On October 29, 2014 the government introduced Bill C‑44, an Act to amend the Canadian Security Intelligence Service Act and other (related) Acts, cited in short form as the Protection of Canada from Terrorists Act. Public Safety Minister Steven Blaney stated that the amendments put forward under Bill C‑44 are required to keep Canadians safe from terrorism and to protect and uphold the privacy of confidential informants. However, in achieving the government’s stated goals, Bill C‑44 deliberately pushes the limits of Canadians’ right to privacy, protection from unreasonable search and seizure, and the right to life, liberty and security of the person.

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The Responsible Housing Provider ‑‑ Excessive Clutter

March 18th, 2013 by Celia Chandler

This is information only and is not intended to be taken as legal advice. If you have a case of excessive clutter, we urge you to talk to your lawyer and work out a plan that meets your  duties and minimises your liability.

Housing providers often ask: (1) how to clean up an excessively cluttered unit (often this is referred to using the term “hoarding”), and (2) whether they can evict the occupants. These questions raise a number of legal issues.

Human Rights: Excessive clutter can result from mental illness. The Human Rights Code obliges a housing provider to accommodate mental illness to the point of undue hardship. Undue hardship is a very high threshold, assessed on cost (including external funding), health and safety. Where there is a suspected or known mental illness, consult with a lawyer to find a way to satisfy the duty to accommodate. For example, providing the most appropriate help with fumigation preparation, often necessary in cluttered units, helps defend against allegations that you have not met the duty to accommodate.

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R v. Cole and an employee’s reasonable expectation of privacy

November 29th, 2012 by Shelina Ali

Technology has become central to the workplace, with employers regularly providing employees with access to computers and other devices for use in the course of work and employment activities. Personal use of these devices often becomes incidental, especially as the boundaries between the workplace and home blur. As a result, questions arise over who really owns the personal information generated on these workplace devices and the extent of an employee’s privacy rights over any personal information stored on these devices.

The recent Supreme Court of Canada decision of R. v. Cole indicates that an employee’s personal information, even if stored on computers owned by an employer, may attract a reasonable expectation of privacy.

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