A Canadian labor arbitrator has overturned a decision by a government department to fire six employees who swapped pornographic emails at work. The arbitrator ruled the employer lacked sufficient cause for the firings. Professor Geist comments on the shifting standards under Canadian law for workplace computer surveillance. see: CAIP v. […]
News
Using Tariff 22 Decision To Sue Offshore Sites
The National Post features a story today on recording industry plans to use the Tariff 22 decision as the basis for suits against offshore sites. Professor Geist comments that similar suits against Grokster in the U.S. have succeeded on jurisdictional grounds but failed to show copyright infringement. see: CAIP v. […]
More on the Tariff 22 Decision
The Canadian media provides full coverage of the Tariff 22 decision with perspectives from all sides. Professor Geist appeared on CBC, CTV, CBC Newsworld and in the pages of Globeandmail.com, CNET, the Toronto Star, and Vancouver Sun commenting on the implications of the case. see: CAIP v. SOCAN also see: […]
Supreme Court Issues Tariff 22 Decision
The Canadian Supreme Court issued the long-awaited Tariff 22 decision this morning. The court allowed the appeal, overturning a Federal Court decision to impose liability on ISPs for caching of content. The case also has a key jurisdictional element as the court ruled that there may be liability under Canadian […]
Canadian Fed Ct Rejects Privacy Commish Surveillance Finding
The Canadian Federal Court has rejected a Canadian Privacy Commissioner finding involving videosurveillance in a railway yard. After the Commissioner ruled in favour of the complainant in 2003, the complainant applied to the court for an order confirming the Commissioner’s decision. The court declined to do so, reaching several noteworthy […]
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