Personalized cameras and smart phones are increasingly used to capture criminal and violent acts in progress. The ability of these devices to preserve evidence and share publicly through social media affects how we view privacy laws. McInnes Cooper privacy lawyer, David Fraser, weighs in on accountability and the right to document on CBC’s The National‘s report in the wake of yesterday’s Dallas shootings. Five officers were killed and six other officers were wounded in a protest in Texas that was recorded on numerous personal devices.
Oct 29, 2024
On September 9, 2024, a unanimous Federal Court of Appeal decided consent is to be determined on an objective standard. In an unusual move, in…
Aug 15, 2024
On June 21, 2024, the Supreme Court of Canada concluded – decisively - that the Canadian Charter of Rights and Freedoms applies to protect the…
Jul 16, 2024
The Canadian Security Intelligence Service (CSIS) has been looking for a new production order power; it’s on its way. The role of CSIS is to…
Jun 26, 2024
An increasing number of municipalities in Canada are using public video camera surveillance to promote public safety and help deter crimes like…
Jun 20, 2024
On April 30, 2024, the Ontario Divisional Court decided the victim of a serious cyber security incident was required to produce to privacy…
Apr 30, 2024
Bill C-63, if passed, will create the hotly anticipated Online Harms Act to regulate certain online platforms, create new Criminal Code of…
Mar 14, 2024
On March 1, 2024, the Supreme Court of Canada decided a police request for disclosure of an IP address is a “search” under section 8 of the…
Dec 15, 2023
Over four years after it began, the federal government still hasn’t finalized its overhaul of the private sector privacy law regime that both…
Sep 25, 2023
There’s a new scam on the web: Electronic Fund Transfer (EFT) scams. Most are familiar with established scams like phishing and ransomware and…
Aug 10, 2023
Canada’s first Tech Talent Strategy aims to aggressively attract tech talent to “fuel innovation and drive emerging technologies forward”.…
Jun 9, 2023
You arrive at the legendary Madison Square Garden to catch the Mariah Carey concert. It’s the big event of the trip – the reason you came to…
Apr 27, 2023
The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…
Feb 1, 2023
On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…
Jan 26, 2023
In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…
Jul 20, 2022
There’s a new privacy law coming to Canada. In June, the federal government introduced a complete overhaul of the privacy law regime that both…
Jun 30, 2022
On June 16, 2022, the federal government took a second shot at a complete overhaul of the private sector privacy law regime that both protects…
May 20, 2022
On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 16, 2021
Updated October 7, 2024. The name of the game is to have a plan to mitigate the risk that a data breach will happen – but be ready when it…
Jan 26, 2021
Updated March 4, 2022. Privacy is critical to every business in every sector, including startups and growing businesses: to comply with the…
Dec 2, 2020
Using social media influencers and micro-influencers is an increasingly effective marketing strategy. Social media use is pervasive; 94% of…
Nov 19, 2020
We updated this publication on June 30, 2022. NOTE: On June 16, 2022, the Government of Canada introduced Bill C-27: Digital Charter…
Nov 17, 2020
We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…
Aug 12, 2020
This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
Mar 28, 2019
Organizations subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) – those that collect, use or…
Feb 20, 2019
On February 14, 2019, the Supreme Court of Canada decided yet another criminal law decision that will likely have broader ramifications for…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Aug 20, 2018
Updated July 8, 2024. Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA, soon to…
Aug 3, 2018
Updated June 28, 2024. As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic…
Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
Jun 13, 2018
Updated September 26, 2024. Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada,…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
Jan 12, 2018
Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…
Nov 16, 2017
Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…
Oct 31, 2017
Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
Jun 28, 2017
On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…
Jun 23, 2017
On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…
Jun 7, 2017
On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Feb 24, 2017
Updated January 29, 2024. Most organizations (72%) store the personal information of customers. employees, suppliers, vendors or partners,…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Dec 7, 2016
Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…
Nov 22, 2016
On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
Oct 19, 2016
Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
Jan 27, 2016
On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…
Mar 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana…
Mar 6, 2015
On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 11, 2014
On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect. CASL’s anti-spam sections, touted…
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
Oct 14, 2014
CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…
Aug 1, 2014
Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…
Jun 16, 2014
On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…
Jun 12, 2014
The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…
May 8, 2014
On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…
Apr 15, 2014
The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…
Nov 8, 2013
On November 7, 2013, the Supreme Court of Canda decided police require specific authorization in a search warrant to search the data in a…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided a teacher criminally charged with possession of child pornography and unauthorized…
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