I will be teaching, for a third consecutive year, DRT-6929E-A, a privacy law course at the University of Montreal Law Faculty. The class is offered to Masters degree students and takes place every Monday from 4 to 7pm, January 12 to April 13, 2015. I have been teaching since 2009 (e-commerce law from 2009 – […] Read more
Today, the Supreme Court of Canada released its decision in the R. v. Fearon case pertaining to the legality of cell phones searches by the police. Two men, one armed with a handgun, robbed a merchant as she loaded her car with jewellery. The robbers grabbed some bags and fled in a vehicle. Shortly, the police became […] Read more
My latest book Practical Guide to E-Commerce and Internet Law is out. It was co-authored with my colleague Elisa Henry, and IP and IT law expert and is published by LexisNexis. Other McMillan attorneys also contributed: Yasin Bismilla authored Chapter 6 on Patents, Michael Reid authored Chapter 7 on Website Development and Chapter 8 on Website Hosting, and A. Max […] Read more
Has Canada achieved the right balance between protecting the state’s national security interest and respecting the legitimate privacy expectations of Canadians? I recently contributed with Professor Vincent Gautrais (Université de Montréal) to a McGill Law Journal Podcast on the topic of government surveillance. The podcast entitled “Vie privée sous surveillance” (French only) discusses state surveillance in Canada […] Read more
A recent paper entitled “Privacy, Trusts and Cross-Border Transfers of Personal Information: The Quebec Perspective in the Canadian Context” co-authored with my colleague Pierre-Christian Hoffman has been published in Dalhousie Law Journal, Vol. 37, No. 1, November 2014, and is also available on SSRN. In this paper, we argue that data protection laws (PIPEDA and substantially […] Read more
In the recent land-mark decision Imperial Oil v. Jacques, 2014 SCC 66 that will surely provide fodder for those concerned with privacy rights in Canada, the Supreme Court of Canada (the “SCC”) has issued a decision which grants private litigants access to wiretap recordings obtained in the course of a criminal investigation conducted by the Competition Bureau. The SCC […] Read more
Canadian national wireless service provider Wind Mobile is another organization that has recently released a 2013 Transparency Report. Wind Mobile’s privacy policy page also includes the following statement: Transparency Report WIND complies with Canadian privacy law and take active steps to fully safeguard the information of our customers. At the same time we are compelled by […] Read more
A decision was recently issued by the Quebec Commission d’Accès à l’information (“CAI”) pursuant to the Act respecting the protection of personal information in the private sector following (“Quebec Private Sector Act”) following a complaint filed against Rogers Communications (“Telco”) pertaining to the collection of personal information. In X. c. Rogers Communications Inc., the complainant’s social insurance […] Read more
A decision was recently issued by the Quebec Commission d’Accès à l’information (“CAI”) pursuant to the Act respecting the protection of personal information in the private sector following (“Quebec Private Sector Act”) following a complaint filed against Rogers Communications (“Telco”) pertaining to the collection of personal information. In X. c. Rogers Communications Inc., the plaintiff’s social insurance […] Read more
Canadian Broadcasting Corporation (“CBC”) fired Jian Ghomeshi after receiving certain information precluding CBC from continuing to employ him. Ghomeshi then turned to his personal Facebook page to issue a statement claiming he was fired due to fears of a scandal resulting from his sexual behaviour. He also claims that his private life is nobody’s business and […] Read more