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ARTICLE · 23 NOVEMBER 2013

Don't Expect Privacy On The Picket Line, Supreme Court Warns

Norton Rose Fulbright Canada LLP
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On November 15, 2013, the Supreme Court of Canada released its decision in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 4011. Since leave to appeal was granted in October 2012 ..

CanadaPrivacy
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
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On November 15, 2013, the Supreme Court of Canada released its decision in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 4011. Since leave to appeal was granted in October 2012, the decision has been anticipated in the hope it would clarify the permissibility of the increasingly common tactic of filming picket lines and also clarify the balance between restrictions under privacy legislation and the freedom of expression protection in the Canadian Charter of Rights and Freedoms.

Facts and previous decisions

The Supreme Court substantially dismissed the appeal of Alberta's Information and Privacy Commissioner. The decision under appeal was the Alberta Court of Appeal's holding that the Alberta Personal Information Protection Act2 violated freedom of expression as protected by s. 2(b) of the Charter. The dispute arose during a legal strike at West Edmonton Mall's Palace Casino. A notice was posted on the picket

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