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ARTICLE · 18 NOVEMBER 2013

Alberta Privacy Legislation Shot Down - Will Also Affect BC

McCarthy Tétrault
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The Alberta Personal Information Protection Act has been declared unconstitutional by the Supreme Court of Canada.

CanadaEmployment and HR
Earl Phillips
Earl Phillips
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The Alberta Personal Information Protection Act has been declared unconstitutional by the Supreme Court of Canada.  The sweeping decision was prompted by union video surveillance of people crossing a picket line.  Because PIPA does not have any exemption to allow for a union to advance its interests in a labour dispute, it was held to be an unreasonable restriction on the union's freedom of expression guaranteed by the Charter of Rights.

Alberta will have 12 months to make changes to the law before the declaration of invalidity takes effect.  BC is effectively in the same boat since its Personal Information Protection Act is much the same as Alberta's.

Our colleagues in Calgary explain here.

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