Archive for ‘Substantive Law’
The federal Privacy Commissioner has just released a report giving guidance on the privacy implications of police wearing body-worn cameras, and what police need to do to comply with privacy laws.
It points out that the issues around body-worn cameras are more complex than on fixed cameras.
As is usually the case with privacy issues, it is about balance – in this case balancing the advantages of the cameras with privacy concerns.
The report has this to say about balance:
There are various reasons why a LEA might contemplate adopting BWCs. LEAs could view the use of BWCs as bringing . . . [more]
I must preemptively refer you to John Gregory’s post from last year when it comes to canvassing the laws, and lack thereof, around how third party services (like Google, Facebook, PayPal, etc.) are obliged to act upon the death of an account holder. The whole legal terrain is fascinating, and consists of a stewing heap of conflicting rationales, policies, privacy legislation and common laws around the rights of heirs, deceased people, states and private corporations. It’s all heading in a better direction, probably, with the advent of uniform legislation like FADA, but for some time it has been quite . . . [more]
Supreme Court Declines to Enshrine the Independence of the Bar as a Principle of Fundamental Justice
This morning in Federation of Law Societies of Canada v. Canada (Attorney General), the Supreme Court of Canada upheld (with minor adjustments) the decision of the British Columbia Court of Appeal and Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act, was held defective since it did not adequately protect solicitor-client privilege in its search procedures. Parliament will have to significantly revise the scheme to add more safeguards.
A narrow set of professional duties was held to meet the principle of fundamental justice test, established in the Malmo-Levine test: R. v. Malmo-Levine; R. v. Caine: . . . [more]
The UN Human Rights Office has launched a major public online database that contains all the case law issued by the UN human rights expert committees known as the Treaty Bodies.
The Treaty Bodies are committees of independent experts that monitor implementation of the core international human rights treaties. There are 10 of them including the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on Enforced Disappearances and the Committee on the Rights of the Child.
The database was developed using data from the Netherlands Institute of Human Rights (SIM) at the Utrecht . . . [more]
There are provisions in the Rules of Civil Procedure which provide that if a plaintiff brings a lawsuit in Superior Court and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawsuit.
The rationale behind these provisions is straightforward. If a litigant fails to recover more than $25,000, then its claim ought to have been brought in the Small Claims Court which provides for a more streamlined, less expensive, procedure. A plaintiff, theoretically, . . . [more]
Ontario litigators breathed a sigh of relief last Thursday when the Court of Appeal overturned a trial judge’s ruling that it was improper for a lawyer to review and discuss draft expert reports with an expert witness, and that such discussions must be documented and disclosed to an opposing party.
During the course of cross examination of an expert at the trial of a medical malpractice claim, it emerged that an expert had reviewed his draft report with defence counsel in a 90 minute phone call, and made changes to the draft. The judge took up the issue and directed . . . [more]
We are all looking for meaning in life.
For some of us that means we want to make an impact on the world. For others, it means the mass accumulation of wealth. And for some, like the Justices of the Supreme Court of Canada, it means rendering every textbook published on labour law prior to 2015 entirely obsolete.
Hot on the heels of their recent decision Mounted Police Association of Ontario v. Canada (Attorney General), the Court released a decision on Friday in Saskatchewan Federation of Labour v. Saskatchewan. The majority overturned the Saskatchewan Court of Appeal decision . . . [more]
From the Privacy Commissioner of Canada: “On January 28, Canada, along with many countries around the world, will celebrate Data Privacy Day. Recognized by privacy professionals, corporations, government officials, academics and students around the world, Data Privacy Day highlights the impact that technology is having on our privacy rights and underlines the importance of valuing and protecting personal information.”
Privacy becomes increasingly challenging with new tech such as big data, the internet of things, wearable computers, drones, and government agencies recording massive amounts of data in the name of security. Sober thought needs to go into balancing the . . . [more]