Alberta Court Declares Substantial Aspects Of Privacy Legislation Unconstitutional

Introduction

The Alberta Court of Appeal (the Court) recently released its decision in U.F.C.W., Local 401 v. Alberta (Information and Privacy Commissioner). The Court held that substantial aspects of Alberta's Personal Information Protection Act (the Act) unconstitutionally infringed on freedom of expression. Moreover, the Court invited the Alberta Legislature to amend the Act to bring it in line with the Canadian Charter of Rights and Freedoms (the Charter). This decision suggests that interpretations of the Act by the Alberta Privacy Commissioner (the Commissioner) may be narrower in the future in order to address Charter values such as freedom of expression.

Background

The United Food and Commercial Workers, Local 401 (the Union) represented workers at the Palace Casino in Edmonton. The Union videotaped its picket line during a strike in 2006, a standard practice in Alberta. The Union posted signs in the area stating that images of persons crossing the