Posts Tagged ‘Charter of Rights’

CASL Spamaflop not constitutional

November 17th, 2014

I have argued many times on this blog that Canada’s anti-spam law (CASL) would not survive a Charter challenge. It’s “ban all” approach to regulating commercial speech, with limited exceptions, cannot be justified.  Professor Emir Crowne,  Associate Professor, University of Windsor, Faculty of Law, just published a paper together with Stephanie Provato agreeing with this opinion, Canada’s Anti-Spam Legislation: A Constitutional Analysis, 31 J. Marshall J. Info. Tech. & Privacy L. 1.

The abstract of the article says the following:

Legislative and Judicial Approaches to Internet Regulation: CASL as a case study

December 14th, 2013

Here are slides from a talk I gave earlier in the year to Justice Canada on the topic of approaches to Internet regulation. It used CASL of a case study of what not to do. The slides referred to the Alberta Court of Appeal decision in the United Food case. That decision has since been affirmed by the Supreme Court in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC (summarized here)

For more information about CASL, see, CASL: the unofficial FAQ, regulatory impact statement, and compliance guideline.

Alberta PIPA violates Charter says Supreme Court in IPC v United Food and Commercial Workers

November 15th, 2013

The Supreme Court released a landmark decision today in the  Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62 case. In short, the Court found that while Alberta’s privacy legislation PIPA plays a vital role in protecting privacy, it violated the Charter right to freedom of expression by precluding the use of personal information in the labour context. The ruling is an appeal from a decision the Alberta Court of Appeal, which is summarized here.

The headnote of the case reads as follows:

IPC v UFCW Charter/privacy case going to Supreme Court (updated)

October 27th, 2012

If privacy legislation significantly impairs Charter rights do privacy rights or Charter rights prevail? Specifically, does an individual’s right to privacy for publically crossing a picket line under Alberta’s comprehensive privacy legislation Personal Information Protection Act (PIPA) have to yield to a union’s right of free expression to film and disseminate that act under the Canadian Charter of Rights and Freedoms? This question was answered in the affirmative by the Alberta Court of Appeal in United Food and Commercial Workers, Local 401 v Alberta (Attorney General), 2012 ABCA 130. Earlier this week, the Supreme Court of Canada granted leave to appeal the decision (now styled Inforrmation and Privacy Commissioner, et al. v. United Food and Commercial Workers, Local 401, et al.)