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Albert’s Court Finds Privacy Regulation Unconstitutional

Can the Alberta Privacy and Information Commissioner limit a foreign corporation from collecting images of Albertans for use in facial recognition software? That was the issue that came to the Court of Kings Bench of Alberta on the application by Clearview AI Inc. (“Clearview”) for judicial review of the decision of the Alberta Privacy and Information Commissioner.

Clearview obtains images of Albertans and Canadians by scraping publicly available data from web pages and social media sites on the internet. The privacy commissions of Alberta, British Columbia, Quebec, and Canada investigated Clearview’s practice of scraping images from the internet. A joint . . . [more]

Posted in: Intellectual Property

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from March 6 – May 22, 2025 inclusive.

Appeals

Bankruptcy & Insolvency: Student Loans
Piekut v. Canada (National Revenue), 2023 BCCA 181; 2025 SCC 13 (40782)

Section 178(2) of the BIA provides that an order of discharge releases a bankrupt from all claims provable in bankruptcy, . . . [more]

Posted in: Summaries Sunday

Thursday Thinkpiece: Rough & Messy Justice

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Rough & Messy Justice: A Train Heist, Murder & Misdeeds

Author: W. Keith Regular
Foreword by Hon. Peter W. L. Martin
Publisher: Durvile
Publication Date: May 1, 2025
True Cases Series, Book 12
ISBN: 978-1-990735-66-0 (pbk)
E-book and audiobook also available
6” x 9” | 288 Pages | B/W Photographs
Price: $35 . . . [more]

Posted in: Thursday Thinkpiece

In the Absence of Federal AI Laws, Privacy Regulators Lead the Way: Lessons From the Clearview Case

On December 18, 2024, the Supreme Court of British Columbia issued a decision in Clearview AI Inc. v. Information and Privacy Commissioner for British Columbia, 2024 BCSC 2311. At its core, the case involved a challenge by a U.S.-based artificial intelligence (AI) company against a binding order from British Columbia’s privacy regulator. The company, Clearview AI, had amassed a large facial recognition database by scraping billions of publicly accessible images from the internet, many of which depicted individuals located in British Columbia, without obtaining their consent.

The decision is significant not only for its factual context, but for what . . . [more]

Posted in: Legal Technology

Fearless: A Required State of Being

The global legal services market needs optimistic contrarians: strong people who think fast and clearly, and whose actions are decisive and fearless. Their power needs to be united, harnessed, and used for good.

The legal services sector has always had a reputation for being tough. It’s getting tougher by the minute and unlikely to let up.

While disruptive factors are many, the three most daunting are:

  • Accelerating advances in generative artificial intelligence that are usurping service-oriented tasks and upending how various types of legal work get produced and priced – all of which is impacting traditional law firm pyramid structures
. . . [more]
Posted in: Legal Marketing, Practice of Law

Book Review: Constitutionalising Social Media

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Constitutionalising Social Media. Edited by Edoardo Celeste, Amélie Heldt & Clara Iglesias Keller. New York: Bloomsbury, 2022. 352 p. Includes bibliographic references and index. ISBN 9781509953707 (hardcover) $175.50; ISBN 9781509953745 (softcover) $86.50; ISBN 9781509953714 (ePUB) $77.85; ISBN 9781509953721 (PDF) $77.85.

Reviewed by Kyla McCallum
Student Librarian
University of British Columbia . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Summaries Sunday: SOQUIJ

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.

ÉDUCATION : Des dispositions de la Loi modifiant principalement la Loi sur l’instruction publique relativement à l’organisation et à la gouvernance scolaires sont inopérantes à l’égard des commissions scolaires anglophones du Québec.

Intitulé : Procureur général du Québec c. Quebec English School Boards Association, 2025 QCCA 383
Juridiction : Cour . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

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.

PÉNAL (DROIT) : Un homme ayant érigé la soumission chimique en système et ayant agressé sexuellement plusieurs femmes rencontrées sur une application de rencontre, auxquelles il infligeait des sévices après les avoir droguées, est condamné à une peine globale de 25 ans d’emprisonnement.

Intitulé : R. c. Moderie, 2025 QCCQ . . . [more]

Posted in: Summaries Sunday

The Law Society of Alberta Trial of Minister Madu – What Has Race Got to Do With It?

In January 2022, headlines across Canadian media ignited a controversy involving Kaycee Madu, Canada’s first Black provincial justice minister. The reports centered on Madu receiving a traffic ticket from a police officer after a traffic stop and subsequently calling the police chief to discuss his concerns over the traffic stop. Almost immediately, a media narrative emerged suggesting that Madu had attempted to use his political influence to avoid the ticket – a narrative that spread quickly, despite the police chief’s clear statement that no such request had been made.

Minister Madu explained that his call was not an attempt to . . . [more]

Posted in: Justice Issues

Summaries Sunday: SOQUIJ

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.

PÉNAL (DROIT) : La peine totale de 17 ans d’emprisonnement imposée à un homme ayant commis 19 vols qualifiés avec usage d’une fausse arme à feu est manifestement non indiquée; le lien existant entre ces crimes commis sur une courte période de 2 mois aurait dû atténuer l’effet aggravant des . . . [more]

Posted in: Summaries Sunday

Book Review: The Quantified Worker: Law and Technology in the Modern Workplace

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Quantified Worker: Law and Technology in the Modern Workplace. By Ifeoma Ajunwa. Cambridge, U.K.: Cambridge University Press, 2023. xiv, 461 p. Includes bibliographic references, illustrations, and index. ISBN 9781316636954 (softcover) $39.95.

Reviewed by Alexandra Kwan
Digital Services and Reference Librarian
Bora Laskin Law Library
University of Toronto

The Quantified . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Ontario Is the Second Appeal Court to Find a Search of a Digital Device at the Border Invokes Charter Guarantees

In R v. Pike[1] the Ontario Court of Appeal considered the expansive search power of Customs and Border officers under s. 99(1)(a) of the Customs Act.[2]

The Ontario Court of Appeal set the stage for the conflict between the respectful approach to border security and individual privacy rights as follows:

Millions of Canadians travel internationally each year with their personal computers, tablets, and smartphones. The contents of these devices attract some of the strongest privacy interests known to law because they are a window into their users’ lifestyles, beliefs, interests, desires, relationships, finances, health, and much more. But

. . . [more]
Posted in: Intellectual Property

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada