Leave to appeal has been granted by the Supreme Court of Canada in R. v. Bobby Singh Virk et al. This appeal will answer the question of whether counsel for the accused may be present at an in camera hearing to determine the application of informer privilege. More specifically, the SCC will consider whether a [...]

Almost twenty-five years ago, Chief Justice Dickson famously proclaimed in Hunter v. Southam [1984] 2 S.C.R. 145, that s. 8 of the Charter “protects people not places.” In so doing, Dickson CJ dislodged property as the primary safeguard against unlawful search and seizure, supplanting it with a vaguely defined notion of a “reasonable expectation of [...]

The Supreme Court will hear arguments this Friday on yet another major s. 8 Charter issue in the case of R. v. Patrick. Recent decisions of the top court on police search and seizure powers have been complicated by deep divisions within the court, as evidenced by the four-way split decisions in the twin cases [...]

The Supreme Court is set to decide whether confidential sources for newspaper reporters are entitled to a claim of privilege similar to that of confidential police informants. The case of National Post v. R., which received leave to appeal this morning, will settle a long-standing grey area in Canadian media law, but to get there, [...]

Faced with two different readings of the law and two different reading of the facts, one is inclined to read Redeemer Foundation v. Canada (National Revenue), 2008 SCC 46, twice (if not more to write a commentary about it). At issue was whether “the Minister was required under s. 231.2(2) of the Income Tax Act, [...]

Last week, the Supreme Court released its judgment in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44. Under the banner of access to justice, Binnie J., speaking for a unanimous court, ruled that section 12 of the Personal Information Protection and Electronic Documents Act (2005 c. 5) (“PIPEDA”) does not furnish [...]

When Mildred Loving died on May 2nd, she left behind one of the landmark cases in 20th-century common law. Loving v. Virginia 388 U.S. 1 affirmed the Equal Protection Clause contained within the 14th Amendment of the United States Constitution, and struck a blow against bigotry and legally enshrined racism. Beyond its importance in the [...]

Employers today are able to collect more information about their employees then ever before. As such, the Personal Information Protection and Electronic Documents Act (PIPEDA), the act that governs the collection, use and disclosure of personal information by private actors, has become an increasingly important guarantor of individual privacy rights. This month, when it hears [...]

Glegg v. Smith & Nephew Inc. is an important case regarding privacy in medical records. While many people may believe their confidential medical matters will be protected behind the closed door of their doctor’s office, their privacy may not be guaranteed. Louise Glegg, the respondent, fractured her right femur and hip and was taken to [...]