In my last blog post I talked about the new privacy breach notification requirements coming under PIPEDA this November 1. I said that perhaps the most challenging aspect is a requirement to maintain a “record of every breach of security safeguards involving personal information under its control.”

Why is that so challenging?

Many large companies already have this kind of procedure in place. But most business do not. Maintaining a record sounds easy. But this is not so simple when you think it through. First, the business must create a procedure and educate its staff to recognize breaches and report . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Toronto Star v. AG Ontario, 2018 ONSC 2586

[14] The Supreme Court of Canada has stated that “[a]ll law and law‑makers that touch the people must conform to [the Charter]. Tribunals and commissions charged with deciding legal issues are no exception.”[17] What needs to be determined is the effect of FIPPA in this regard. Do its substantive terms that weigh . . . [more]

I no sooner had a minor breakthrough of on my SLAW March 9th, 2018 blogpost – on Twitter and Infojustice Roundup – which proposed copyright reforms to increase public access to research, than I ran head-on into the realpolitik of such legislative measures. In the earlier blogpost, I had briefly set out reasons for Canada to be the first nation to use copyright reform to turn its open access research policies into a federally legislated human right to know. Then, little more than a month later here in California (where I teach), Assemblyman Mark Stone introduced a bill to . . . [more]

The qualifications required of new Ontario lawyers has been the subject of virtually continuous debate for generations. Starting in the late 1950s, being called to the bar required (i) a law school degree, (ii) practical training through the bar admissions course and (iii) an articling apprenticeship. The bar admissions course came to an end in the 2000s. A law practice program (the LLP) has recently been added as an alternative to articling. The qualifications debate continues with the focus now being whether articling and/or the LLP should continue and, if so, in what form. The central question today is what, . . . [more]

The importance of privacy in our technologically driven society can never be overrated, but even then there are limits to the extent to which a free and democratic society can and should protect privacy interests.

The Freedom of Information and Protection of Privacy Act (“FIPPA”) received royal assent in 1987, coming into force in 1988. The Act was the result of the NDP conditional support of the Liberal minority government that would create new freedom of information and privacy protections, based on the 1980 report, Public government for private people : the report of the Commission on Freedom . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

TRAVAIL : Même si l’entrevue d’embauche officielle n’était pas commencée, la représentante de l’employeur ne devait pas poser de question sur l’origine ethnique du nom du plaignant; il s’agit d’une question discriminatoire au sens des articles 18.1 et 10 de la Charte des droits et libertés de la personne. . . . [more]

I am one of a growing number of Canadians who find winters difficult. I don’t enjoy outdoor activities in the snow, I don’t like being cold, and the lessened daylight leaves me wanting to wrap up in a blanket and wait for Spring to arrive. Throughout January, February and March I grit my teeth, turn on my light therapy lamp, pop my Vitamin D, and remind myself it will all be better when Spring arrives.

Well, it’s Spring now (or at least that’s what the calendar says… mother nature seems to be hitting the snooze button). We are still waiting . . . [more]

On April 12, 2018, the British Columbia government granted third reading to Bill 6, Employment Standards Amendment Act, 2018 to better support working families by providing new, extended and more flexible maternity, parental and compassionate care leaves. The Act comes into force on the day it receives royal assent. Specifically, when enacted, the Bill will: . . . [more]

These days all sorts of things are connected to the Internet, even if they are not traditionally thought of as communications devices. We have looked at “devices” such as cars, pacemakers and dolls. We have looked at legal issues such as privacy, defamation and evidence.

The Internet of Things is a gift that keeps on giving … legal questions. Here are a few more examples of what can, and thus will, go wrong.

I. Alexa and the parrot:

Alexa is Amazon.com’s digital assistant. It responds to voice commands and voice inquiries. It will find out information, . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. R. v. Jackson, 2018 ONSC 2527

[6] But, Mr. Jackson, this case is also about how the criminal justice system treats African Canadians. I have been asked to do something about changing the law. So I have had to think about this. I will apologize in advance, because this discussion will take some time. It will involve a lot of legal . . . [more]