Canadian Privacy Law
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Canadian Privacy Law
Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the ''Canadian Charter of Rights and Freedoms''. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the ''Harvard Law Review'' in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article ' The Right to Privacy' of Samuel Warren and Louis Brandeis". Evolution of Canadian privacy statutes Canadian privacy law has evolved over time into what it is today. The first instance of a formal law came when, in 1977, the Canadian government introduced data protection provisions into the Canadian Human Rights Act. In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security of the person" and "the right to b ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Territories (NWT) to the north, and the U.S. state of Montana to the south. It is one of the only two landlocked provinces in Canada (Saskatchewan being the other). The eastern part of the province is occupied by the Great Plains, while the western part borders the Rocky Mountains. The province has a predominantly continental climate but experiences quick temperature changes due to air aridity. Seasonal temperature swings are less pronounced in western Alberta due to occasional Chinook winds. Alberta is the fourth largest province by area at , and the fourth most populous, being home to 4,262,635 people. Alberta's capital is Edmonton, while Calgary is its largest city. The two are Alberta's largest census metropolitan areas. More tha ...
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R V Cole
Workplace privacy is related with various ways of accessing, controlling, and monitoring employees' information in a working environment. Employees typically must relinquish some of their privacy while in the workplace, but how much they must do can be a contentious issue. The debate rages on as to whether it is moral, ethical and legal for employers to monitor the actions of their employees. Employers believe that monitoring is necessary both to discourage illicit activity and to limit liability. With this problem of monitoring employees, many are experiencing a negative effect on emotional and physical stress including fatigue, lowered employee morale and lack of motivation within the workplace. Employers might choose to monitor employee activities using surveillance cameras, or may wish to record employees activities while using company-owned computers or telephones. Courts are finding that disputes between workplace privacy and freedom are being complicated with the advancement o ...
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Privacy Law
Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, which can be Personally identifiable information (PII) gathering, collected by governments, public or private organisations, or other individuals. It also applies in the commercial sector to things like trade secrets and the liability that directors, officers, and employees have when handing sensitive information. Privacy laws are considered within the context of an individual's privacy rights or within reasonable expectation of privacy. The Universal Declaration of Human Rights states that everyone has the right to privacy. The interpretation of these rights varies by country and are not always universal. Classification of privacy laws Privacy laws can be broadly classified into: * General privacy laws that have an overall bearing on the personal information of individuals and affect ...
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Privacy Laws Of The United States
Privacy laws of the United States deal with several different legal concepts. One is the ''invasion of privacy'', a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain. The essence of the law derives from a ''right to privacy'', defined broadly as "the right to be let alone". It usually excludes personal matters or activities which may reasonably be of public interest, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity violating the right. These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the ...
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Law In Canada
The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Charter'' guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding cl ...
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Information Privacy Law
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using its data. This includes usually the right to get details on which data is stored, for what purpose and to request the deletion in case the purpose is not given anymore. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws. The European Union has the General Data Protection Regulation (GDPR), in force since May 25, 2018. The United States is notable for not having adopted a comprehensive information privacy law, but rather having adopted limited sectoral laws in some areas like the California Consumer Privacy Act (CCPA). These laws are based on fair information practice guidelines developed by th ...
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The Globe And Mail
''The Globe and Mail'' is a Canadian newspaper printed in five cities in western and central Canada. With a weekly readership of approximately 2 million in 2015, it is Canada's most widely read newspaper on weekdays and Saturdays, although it falls slightly behind the ''Toronto Star'' in overall weekly circulation because the ''Star'' publishes a Sunday edition, whereas the ''Globe'' does not. ''The Globe and Mail'' is regarded by some as Canada's " newspaper of record". ''The Globe and Mail''s predecessors, '' The Globe'' and ''The Mail and Empire'' were both established in the 19th century. The former was established in 1844, while the latter was established in 1895 through a merger of ''The Toronto Mail'' and the ''Toronto Empire''. In 1936, ''The Globe'' and ''The Mail and Empire'' merged to form ''The Globe and Mail''. The newspaper was acquired by FP Publications in 1965, who later sold the paper to the Thomson Corporation in 1980. In 2001, the paper merged with broadcast ...
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McMillan LLP
McMillan LLP is a Canadian business law firm serving public, private and not-for-profit clients across various industries in North America and around the world. McMillan LLP is the only national Canadian law firm with an office in Hong Kong, in addition to its offices across Canada in Vancouver, Calgary, Toronto, Ottawa and Montréal''.'' The firm has industry groups in different sectors such as technology, energy, oil and gas, mining, construction and infrastructure, automotive, and transportation.   Founding Firms and Mergers The firm was founded by Newton Rowell in 1903.  At this time, it consisted of three lawyers and was called Rowell, Reid and Wood. By 1910, the firm more than doubled to seven lawyers, a size it kept until the mid-twenties. Gordon McMillan joined the firm in 1921 and practiced for over half of a century, bringing notable clients such as Monarch and BorgWarner. In 1926, Rhodes Scholar Roland Michener and Osgoode Hall graduate Daniel Lang formed Lang Mich ...
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Blake, Cassels & Graydon
Blake, Cassels & Graydon LLP (Blakes) is an international corporate law firm with offices in Montreal, Ottawa, Toronto, Calgary, Vancouver, New York City, and London. History Blakes was launched in 1856 after Dominick Edward Blake was called to the bar and entered into partnership with Stephen M. Jarvis in Toronto. Soon it was Blake & Blake when brother Samuel Hume Blake joined. In 1867, Blakes incorporated what would become Canadian Imperial Bank of Commerce. The bank remains one of the firm's oldest clients. In 1878, Blakes was the first business in Canada to install a telephone system that provided a direct link to the offices of the Ontario Court of Appeal and the Supreme Court of Canada at Osgoode Hall. In 1882, Zebulon Aiton Lash joined Blakes and began building a corporate law practice.Christopher Moore. The Law Society of Upper Canada and Ontario's Lawyers, 1797-1997'. University of Toronto Press; 1997. . p. 153–. By 1885, with 15 lawyers, Blakes was among the l ...
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Appropriation Of Personality
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction. Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurispruden ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ...
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