On November 15, 2013, the Supreme Court of Canada
("SCC") declared Alberta's privacy law, the
Personal Information Protection Act, S.A. 2003 c.P-6.5
("Alberta's Privacy Act"), to be invalid. The court
found that Alberta's Privacy Act unjustly restricted the
collection, use and disclosure of personal information which
violated a union's expressive rights under section 2(b) of the
Canadian Charter of Rights and Freedoms (the
"Charter"). It is a precedent setting case, one that will
have legislators, privacy commissioners and privacy advocates
across Canada taking notice.
Background
During a lawful strike, a union representing employees at the
Palace Casino at the West Edmonton Mall (the United Food and
Commercial Workers, Local 401, the "Union") video-taped
and photographed individuals crossing the picket line. The Union
used images of the Vice-President of the casino in poster displays,
union newsletters and strike leaflets with humorous captions. A
number of
