Privacy in the Courts

Privacy in the Courts: A quarterly review provides a practical, efficient and accessible resource to help busy in-house counsel, Chief Privacy Officers and compliance professionals navigate recent court decisions and gain a broad understanding of how privacy law is evolving in Canada. Each article provides an overview of the facts and decision related to each case, as well as a discussion of the key points. Expertly written commentary helps users identify trends over time and gain insights into the potential implications for their organizations. The reports are designed to help you stay in the know while saving you time.


The Spring 2020 edition is now available with 12 informative case summaries!

Below is a sample summary from a previous edition:

Disclosure of videotape ordered without facial blurring

Strength of Two Buffalo Dale v. Canada (Attorney General), 2020 ONSC 2926, May 8, 2020

Facts

The applicant brought a motion to compel the defendant to produce unredacted records in the context of a wrongful dismissal suit. He had been fired from his position with Correctional Service Canada (CSC) as Traditional Aboriginal Elder and Cultural Advisor. One of the disputed records raised privacy issues. This was a CCTV video recording that allegedly shows the plaintiff and inmates in a common area of a corrections facility. The CSC alleges that the video footage shows the plaintiff sleeping on a couch for a period of forty minutes, in the presence of inmates, and with his keys and portable personal alarm on the floor in front of him. The CSC maintained that this created a security risk.

To protect the privacy of the inmates, the CSC was prepared only to release a copy of the video with faces blurred. The applicant argued that the identities of other individuals present in the video were relevant to him since they were potential witnesses. The defendant argued that the faces and identities of individuals were irrelevant to the issues.

 

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