Post Tagged with: "constitution"

Alberta Court Declares Portions of Provincial Privacy Law Unconstitutional

David Fraser reports that the Alberta Court of Queen’s Bench has ruled that portions of the Personal Information Protection Act (Alberta) are unconstitutional. The Court found that the law violates freedom of expression under Section 2(b) of the Charter and these provisions cannot be justified by Section 1 of the […]

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September 7, 2011 Comments are Disabled Must Reads

State Farm Challenges Constitutionality of Canadian Privacy Law

Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework.  State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power.  My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.

The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet).  After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.

The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.

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April 5, 2010 6 comments Columns

State Farm Challenges Constitutionality of Canadian Privacy Law

Appeared in the Toronto Star on April 5, 2010 as State Farm Challenges Canada's Privacy Law in Court Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework.  State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of […]

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April 5, 2010 Comments are Disabled Columns Archive

Lessig and Goldsmith on ACTA’s Constitutional Concerns

Professors Larry Lessig and Jack Goldsmith published an op-ed in the Washington Post explaining why ACTA raises serious constitutional concerns in the United States.

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March 26, 2010 1 comment Must Reads

Canadian Human Rights Tribunal Rules Internet Hate Provision Unconstitutional

The Canadian Human Rights Tribunal has ruled that the Internet hate provision found in the Human Rights Act is unconstitutional.  In a decision released today, the Tribunal ruled that the restriction on speech imposed by the provision is not a reasonable limit under Section 1 of the Charter of Rights […]

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September 2, 2009 8 comments Must Reads