Tag: Freedom of Expression

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 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.

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 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.