News

Privacy law changes will have a significant effect outside of the province and brings huge possible penalties

The next phase of updates to both the public and private sector privacy laws in Quebec came into effect on September 22, 2023.

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OPC concluded that Canada Post did not have implied authorization for the creation of targeted marketing lists derived from a range of sources, including envelopes and packages.

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Nova Scotia court awards heavy damages and injunctions for defamation of foreign national

In Abdelkader v. Khalil, Justice Gail Gatchalian of the Supreme Court of Nova Scotia presided over a summary judgment motion in a defamation action. The plaintiff was a high-ranking employee of the government of Egypt, who lived in Cairo.

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The Department of Finance Canada has launched a wide-ranging consultation, seeking input on a range of topics that will be of interest to technology lawyers and their clients.

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Materials gathered from internet improperly admitted in contested family law case

In J.N. v. C.G., the Ontario Court of Appeal heard an appeal from a lower court judge’s decision awarding the mother of two children decision-making authority regarding whether the children should receive the COVID vaccine. The father (from whom the mother was divorced), who wanted the children vaccinated, had applied for decision-making authority but was opposed by the mother, who did not want the children vaccinated. In support of her argument the mother filed numerous unsworn “reports,” excerpts from publications that purported to be medical journals, and opinions given by people whose professional qualifications (if any) were not established or verifiable. The trial judge relied on these as essentially providing expert evidence, at least to the effect that the efficacy and safety of the COVID vaccines was not established and that suggestions that they were had been authoritatively disputed. On the father’s appeal, the Court of Appeal ruled that the judge had erred in so doing, in reasons that are worth quoting at some length:

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Decision, in a de novo hearing, turned on lack of evidence related to “inadequate consent”

On April 13, 2023, the Federal Court of Canada released an important decision as part of the still ongoing saga related to the “Cambridge Analytica” incident involving Facebook. The decision by Justice Manson follows the Privacy Commissioner of Canada’s application for a determination that Facebook had violated the Personal Information Protection and Electronic Documents Act. 

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Motion judge rules that hyperlink to list of plaintiffs sufficiently connects defamatory statements to a selection of the plaintiffs

In Environmental Defence Canada Inc. et al v. Kenney et al, Justice Avril Inglis of the Alberta Court of Kings Bench heard a motion for summary judgment in a defamation action brought by a number of environmental organizations against former Alberta Premier Jason Kenney and the Provincial Crown. The plaintiff organizations were named in the Report of the Public Inquiry into Anti-Alberta Energy Campaigns as having been “participants in anti-Alberta energy campaigns.” Facebook and Twitter posts by Kenney spoke to “foreign-funded misinformation campaigns” that caused hardship for Alberta energy workers; these posts connected to the Inquiry’s webpage, which made similarly defamatory statements, and in turn linked to a document called “Key Findings” (of the Inquiry Report) that listed the plaintiff organizations, among others, as having been involved in a “campaign of misinformation” etc. (and also linked to the Inquiry Report itself).

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Facial recognition technology is not “appropriate” in the retail context

The Information and Privacy Commissioner has issued an investigation report under the Personal Information Protection Act of B.C. that essentially shuts down the widespread use of biometric facial recognition in the retail context, at least for identifying “persons of interest.” 

The Commissioner undertook this investigation on his own accord after seeking information on how prevalent the use of biometrics is in the retail sector. The OIPC surveyed 13 of the province’s largest retailers on their use of facial recognition technology, or “FRT”; 12 responded that they did not use FRT. The remaining retailer, Canadian Tire Corporation, requested that the OIPC contact their 55 independently owned Associate Dealer stores in the province. Twelve of the independent dealers reported using FRT. The Commissioner then commenced an investigation under s. 36(1)(a) of the Personal Information Protection Act of four of the locations, scattered across the province. 

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Sign up by August 1 to save 50% off 2023 membership fees!

Just some of the benefits of membership:

• Discounts on CAN-TECH conferences, accredited for CPD
• Free attendance to most CAN-TECH roundtables, accredited for CPD
• Access to members-only content and resources that include articles, conference content and video
• Networking opportunities with members of the IT bar nationwide
• Member directory
• Volunteer opportunities with our active committees

CAN-TECH provides you with opportunities to sharpen your practice, network and grow professionally, as well as access exclusive content to stay on top of the latest developments in national and global technology law.

CAN-TECH is the only national legal association that is dedicated to all aspects of technology law and includes members from all areas of practice – large firms, small and solo practices, corporate counsel, government, academia and students.

Sign up by August 1 to take advantage of 50% membership fees for the remainder of 2023!

Enroll now to take advantage of your best opportunity to join an enthusiastic and specialized community of technology law professionals.

Click Here to Enroll

If you were unable to attend the CAN-TECH Law 2023 Spring Conference, we have great news! The conference recordings are now available for purchase, offering valuable insights and discussions from industry experts.

This was a first-of-its-kind CAN-TECH conference. The event was held from coast-to-coast – starting in Vancouver and ending in Halifax – with five offices (Vancouver, Regina, Toronto, Montreal, and Halifax) each hosting one live panel and participating in the other panels via Zoom. This let the attendees participate in a cost-effective and time-efficient manner, while still getting all the benefits of the breadth and depth of experience that CAN-TECH’s members have to offer.

Highlights include a conversation about limitations of liability and indemnity between Dana Siddle, a partner at McCarthy Tetrault LLP, and Rahim Esmail, Senior Counsel at TELUS, before moving on to Regina where Joseph Gill, a partner at McKercher LLP and Azure-Dee Ashton, Counsel at Saskatchewan Power Corporation discussed service levels.

• "The conference provided a great overview of key concepts and takeaways."

Andrew Alleyne, partner at Fasken Martineau DuMoulin LLP, Mark Bowman, Senior Legal Counsel at Interac Corp. and Justice Agyemang, Senior Legal Counsel, HSBC Bank Canada broke down clauses that are often overlooked, and by colour-coding parts of clauses that are pertinent to the buy- and sell-side the attendees developed a better understanding of the positions they should be advancing on behalf of their clients. 

• "This is the exact kind of conference that newer lawyers need. They really got the nuts and bolts of tech contracts. I think it should be a staple..."

Montreal had Eugen Miscoi, associate at McCarthy Tetrault LLP, and Patrice Labonte, General Counsel North America, Valtech share their knowledge about privacy and cybersecurity issues in a contract. This panel dissected LinkedIn’s Data Processing Agreement, a DPA that probably has the biggest impact on the attendees.

• "The analysis and discussion of different contractual clauses. This provided a great overview of vendor/customer positions and expectations, and went further than just legal theory/case law. Practitioners want this kind of practical knowledge."

Finally, Jennifer Davidson, CAN-TECH’s president and partner at Deeth Williams Wall LLP, moderated a panel of David Fraser, a partner at McInnes Cooper, and Harj Gill, who most recently was Corporate Counsel for NTT Data Services, in an open and honest conversation about what lawyers new to the profession can do to ensure their success, the importance of mentorship, and how we can learn from our mistakes. (This was not recorded in order to allow for open and honest dialogue from our panel and audience).

• "Well done! Superb all around."

The hope was that the attendees would leave the conference feeling more confident and comfortable in their understanding of technology transactions, the contracts, and the issues that often come up in them. Based on the expertise the panelists shared, and the accompanying materials, mission accomplished.

Fees:
Students: $40 plus tax

Members: $100 plus tax

Non-Members: $125 plus tax

In British Columbia, Ontario, and Saskatchewan, the conference offers 4-hours of substantive CPD, while Nova Scotia and Quebec are encouraged to incorporate this learning activity into their mandatory CPD plans.

To learn more about our speakers, Click Here.

Access the Recordings Here