The B.C. Court of Appeal has released its decision in Equustek Solutions Inc. v. Jack, a closely watched case involving a court order requiring Google to remove websites from its global index. As I noted in a post on the lower court decision, rather than ordering the company to remove certain links from the search results available through Google.ca, the order intentionally targets the entire database, requiring the company to ensure that no one, anywhere in the world, can see the search results. That post notes:
The implications are enormous since if a Canadian court has the power to limit access to information for the globe, presumably other courts would as well. While the court does not grapple with this possibility, what happens if a Russian court orders Google to remove gay and lesbian sites from its database? Or if Iran orders it remove Israeli sites from the database? The possibilities are endless since local rules of freedom of expression often differ from country to country.
The B.C. Court of Appeal decision addresses two key jurisdiction questions: first, whether the court can assert jurisdiction over Google; and second, whether the court order can extend beyond Canada.
