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Alberta Court of Appeal Rules Portions of Privacy Law Unconstitutional

The Alberta Court of Appeal has ruled that portions of the provincial privacy statute are unconstitutional. The decision, United Food and Commercial Workers, Local 401 v Alberta (Attorney General), is online. Discussion here, here, and here.

One Comment

  1. Stephen Downes says:

    Actually, it seems to read that the Act is unconstitutional, not just portions.

    para 89: “Striking out or reading down portions of the statute are not attractive options. The courts have neither the institutional nor the legislative ability to rewrite the Act. It is possible that all of the impugned provisions of the Act might have a constitutional application in some cases, so long as protected rights are not engaged. There is no obvious way to prune this statute so as to make it constitutional.”