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ARTICLE · 22 NOVEMBER 2013

Privacy Laws Are Too Broad – Alberta Statute Ruled Unconstitutional

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In a significant decision affecting the permissible scope of protection under Canada's private sector privacy laws, the Supreme Court of Canada has determined that, in a labour relations context, the Alberta Personal Information Protection Act ("PIPA") infringes the constitutional right to freedom of expression under the Canadian Charter of Rights and Freedoms and therefore must be struck down.

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In a significant decision affecting the permissible scope of protection under Canada's private sector privacy laws,1 the Supreme Court of Canada has determined that, in a labour relations context, the Alberta Personal Information Protection Act ("PIPA") infringes the constitutional right to freedom of expression under the Canadian Charter of Rights and Freedoms and therefore must be struck down. The Court delayed making its order operative for a period of 12 months, thereby permitting the Legislature to amend PIPA so that it does not offend the Charter. In other words, Alberta still has a privacy law, and will continue to do so provided that its scope is narrowed so as not to offend the constitutional right to freedom of expression.

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