Tag: Charter of Rights

CASL Spamaflop not constitutionalCASL Spamaflop not constitutional



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 ...

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



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.… ...

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



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 ...

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



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 ...