Day: November 20, 2009

Support for ACTA Urged by Over 20 Leading OrganizationsSupport for ACTA Urged by Over 20 Leading Organizations

November 20, 2009November 20, 2009 Barry SookmanBarry Sookman 0 Comments

On November 19, leading American entities representing the creative industries including representatives of authors, publishers, directors, artists, photographers, and distributors wrote to Chairman Patrick Leahy, U.S. Senate Judiciary Committee as well as to ranking members of various Senate and House Committees to express their strong support for ACTA.

The letter summarizes some of the reasons why ACTA is important. Here are some extracts from the letter, which are equally applicable to Canada:

 “The United States is currently engaged in discussions with many of its major trading partners to negotiate a new agreement:  the Anti-Counterfeiting Trade Agreement (ACTA) — to enhance and strengthen the global fight against piracy and counterfeiting.  

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Sacking Employees for Misuse of Computers and Internet Access-Poliquin v. Devon Canada CorporationSacking Employees for Misuse of Computers and Internet Access-Poliquin v. Devon Canada Corporation

November 20, 2009November 20, 2009 Barry SookmanBarry Sookman 2 Comments

Can an employee be dismissed for cause because he or she uses an employer’s computer and Internet access to view and transmit pornographic and racist materials in violation of a company’s Code of Conduct? This issue arose in Poliquin v. Devon Canada Corporation, 2009  ABCA 216. According to the Alberta Court of Appeal, the answer is clearly yes.

In the course of deciding that an employee could be dismissed for cause, the Court of Appeal made a number of important observations on the potential for an employee’s use of his/her employer’s Internet access to harm his/her employer and the scope of the rights employers have to monitor, control and prevent this activity.

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