Canadian privacy law hit Facebook hard in the Federal Court of Appeal’s recent decision in Privacy Commissioner of Canada v Facebook inc., 2024 FCA 140 [Facebook]. The unanimous decision held that Facebook failed to obtain meaningful consent from users prior to disclosing user data. The decision is part of a larger trend in Canadian jurisprudence […]
How private are your private messages? Can the police read the texts you send to others? This post explores R v Marakah, 2017 SCC 59, in which the Supreme Court of Canada found that a sender can have a reasonable expectation of privacy over messages retrieved from the phone of the person receiving those messages. The […]
On November 4th, the Supreme Court of Canada (“SCC”) heard oral submissions in the case of Douez v Facebook [Douez]. The appellant, Ms. Douez, sought to overturn an unanimous decision of the BC Court of Appeal (2015 BCCA 279) to stay a proposed class action against Facebook on the basis of a forum selection clause […]
Last month, TheCourt.ca senior contributing editor Jordan Casey analyzed R v Spencer, 2014 SCC 43, a case that clarifies the Supreme Court of Canada’s ("SCC") position on what constitutes a reasonable expectation of privacy in the digital age. This post further explores one of the themes touched on by Jordan – the nature and significance of […]