[785] Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982(United Kingdom), 1982, c. 11, s. 8, available at http://laws.justice.gc.ca/en/charter/.
[786] Hunter v. Southam, 2 S.C.R. 145, 159-60 (1984).
[787] Privacy Act, c. P-21, available at http://canada.justice.gc.ca/stable/EN/Laws/Chap/P/P-21.html.
[788] Privacy Commissioner, 1999-2000 Annual Report, May 2000, available at http://www.privcom.gc.ca/english/02_04_08_e.htm.
[789] Bill C-6, Personal Information Protection and Electronic Documents Act, available at http://www.parl.gc.ca/36/2/parlbus/chambus/house/bills/government/C-6/C-6_4/C-6_cover-E.html.
[790] A national standard: CAN/CSA-Q830-96.
[791] Telecommunications Act, 1993, c. 38, s. 39, s. 41.
[792] Bank Act, c. 46, ss. 242, 244, 459.
[793] Insurance Companies Act, s. 489, s. 607.
[794] Trust and Loan Companies Act, s. 444.
[795] E-mail from Fred Carter at the Privacy Commission of Canada to Milana Homsi, Law Clerk at the Electronic Privacy Information Center (EPIC), June 26, 2003. (On file with the EPIC)
[796] Young Offenders Act, C. Y-1, s. 38.
[797] Corrections and Conditional Release Act, 1992, c. 20, s. 26, 142.
[798] European Union Data Protection Working Group - Article 29, Opinion 2/2001 on the Adequacy of the Canadian Personal Information and Electronic Documents Act, January 26, 2001, available at http://europa.eu.int/comm/internal_market/en/dataprot/wpdocs/wp39en.htm.
[799] Commission Decision of December 20, 2001, Official Journal of the European Communities L 2/13, available at http://www.europa.eu.int/comm/internal_market/dataprot/adequacy/canada-faq_en.htm.
[800] Privacy Commissioner of Canada Homepage at http://www.privcom.gc.ca.
[801] L'Ecuyer v. Aéroports de Montréal, [2003] CFPI 573, available at http://decisions.fct-cf.gc.ca/cf/2003/2003cfpi573.html (In French).
[802] Privacy Commissioner of Canada Annual Report to Parliament 2001-2002, Part One - Report on the Privacy Act, December 2002, available at http://www.privcom.gc.ca/information/ar/02_04_10_01_e.asp#001.
[803] Id.
[804] E-mail from Dona Vallieres, Senior Director General, Communications and Policy, Privacy Commission of Canada to Nicole Anastasopoulos, Law Clerk at EPIC, July 10, 2002 (on file with EPIC).
[805] See generally, "Your Privacy Responsibilities: A Guide for Business and Organizations," Office of the Privacy Commissioner of Canada, December 2000.
[806] Stephanie Perrin, Heather Black, David Flaherty & T. Murray Rankin, The Personal Information Protection and Electronic Documents Act: An Annotated Guide (Toronto, 2001).
[807] Matters Relating to the Office of the Privacy Commissioner, Report of the Standing Committee on Government Operations and Estimates, June 2003, available at http://www.parl.gc.ca/InfoComDoc/37/2/OGGO/Studies/Reports/oggorp05-e.htm.
[808] Privacy Commissioner of Canada Annual Report to Parliament 2001-2002, Part Two - Report on the Personal Information Protection and Electronic Documents Act, December 2001, http://www.privcom.gc.ca/information/ar/02_04_10_e.asp.
[809] Id.
[810] Id.
[811] News Release, Public Interest Advocacy Centre, "Consumer advocates cheer privacy finding," March 20, 2002, available at http://www.piac.ca/news_release_march2002.htm.
[812] News Release, Office of the Privacy Commissioner, Federal Privacy Commissioner George Radwanski Findings-September 21, 2001, available at http://www.privcom.gc.ca/cf-dc/cf-dc_010921_e.asp.
[813] Office of the Privacy Commissioner, Finding # 116, January 31, 2003, http://www.privcom.gc.ca/cf-dc/2003/cf-dc_030131_e.asp.
[814] Office of the Privacy Commissioner, Finding # 99, December 12, 2003, http://www.privcom.gc.ca/cf-dc/cf-dc_021202_2_e.asp.
[815] See Office of the Privacy Commissioner, Findings #101, #88, #87 http://privcom.gc.ca/media.an/wn_020227_e.asp.
[816] See Treasury Board of Canada Secretariat, "Privacy Impact Assessment Report," http://www.tbs-sct.gc.ca/pubs_pol/ciopubs/pia-pefr/paip-pefr_e.asp.
[817] Stephanie Perrin et al., The Personal Information Protection and Electronic Documents Act: An Annotated Guide (Toronto, 2001).
[818] Council of Europe. Cybercrime Convention available at http://conventions.coe.int/Treaty/EN/CadreListeTraites.htm.
[819] Andrea York, "Video Surveillance and Workplace Privacy: The Privacy Commissioner Recommends Removal of Video Cameras." 13 Employment and Labour Law Reporter 5-7 (April 2003). See also Great Library Employment/Labour Law Digest, May 2003, available at "Federal Privacy Commissioner finds video surveillance unreasonable" available at http://library.lsuc.on.ca/GL/whats_employment.htm#Federal%20Privacy%20Commissioner%20finds%20video%20surveillance%20unreasonable.
[820] News Release, Office of the Privacy Commissioner, October 4, 2001, http://privomc.goc.ca/media/nr-c/02_05_b_011004_e.asp.
[821] News Release, Office of the Privacy Commissioner, June 21, 2001, http://www.privcom.gc.ca/media/nr_c/02_05_b_020621.
[822] Charles Mandel, "Security Cameras Not OK in Canada?". Wired News, April 6, 2002 available at http://www.wired.com/news/politics/0,1283,51821,00.html.
[823] News Release, Office of the Privacy Commissioner, March 7, 2003, http://www.privcom.gc.ca/media/nr-c/2003/02_05_b_030307_e.asp.
[824] Privacy Commissioner (Canada) v. Canada (Attorney General) et al., [2003] BCSC 862, available at http://www.courts.gov.bc.ca/jdb%2Dtxt/sc/03/08/2003bcsc0862.htm. See generally "Privacy Challenge Tossed by Courts," Canada.com, June 10, 2003, available at http://www.canada.com/vancouver/news/story.asp?id=1AA08491-0B8A-4C02-AFB2-D26B6401950A.
[825] "Privacy Czar drops challenge," Canoe News, July 4, 2003, available at http://cnews.canoe.ca/CNEWS/Canada/2003/07/04/127187-cp.html.
[826] News Release, Office of the Privacy Commissioner, June 20, 2001, http://www.privcom.gc.ca/media/nr-c/nt_010620_e.asp.
[827] Commission d'accès à l'information, Minimum Rules Applying to the use of Surveillance Cameras, June 2002, available at http://www.cai.gouv.qc.ca/en/cam_reg_en.pdf.
[828] Criminal Code, c. C-46. ss. 184, 184.5, 193, 193.1.
[829] Janice Tibbetts, "Top Court Sets Ground Rules For Wiretaps," The Ottawa Citizen, December 15, 2000.
[830] Radiocommunication Act, R.S.C. 1985, c. R-2, s. 9.
[831] Chapter C-23, Canadian Security Intelligence Service Act, available at http://canada.justice.gc.ca/STABLE/EN/Laws/Chap/C/C-23.html.
[832] "CSIS has wiretap green light," The Hamilton Spectator, October 1, 1997.
[833] Lawful Access Consultation Document, Department of Justice and Industry Canada, August 25, 2002, available at http://www.canada.justice.gc.ca/en/cons/la_al/.
[834] Tyler Hamilton, "Watchdog denounces cyber-snooping plan," Nov. 26, 2002, Toronto Star, available at http://www.thestar.ca/NASApp/cs/ContentServer?pagename=thestar%2FLayout%2FArticle_Type1&c=Article&cid=1035774825744&call_pageid=968332188492&col=968705899037.
[835] Declaration, Collectif sur la surveillance électronique http://www.globalcn.org/en/article.ntd?id=520&sort=1.6.9.
[836] "Electronic Surveillance: EPIC Joins Canadian Civil Libertarians In Criticizing 'Lawful Access' Proposal," Privacy Law Watch, December 30, 2002; See generally Cybercrime and Lawful Access http://www.lexinformatica.org/cybercrime/.
[837] Data Protection Report: Canada, EUROPOL, 11647/02 (June 9, 2002).
[838] Industry Canada, Building Trust in the Digital Economy, available at http://e-com.ic.gc.ca/english/crypto/631d1.html.
[839] Department of Justice Press Release, "Government of Canada introduces Anti-Terrorist Act," October 15, 2001, available at http://canada.justice.gc.ca/en/news/nr/2001/doc_27785.html.
[840] This was the general consensus at the University of Toronto Law School's conference "The Security of Freedom," in November 2001, where law faculty and leading experts in criminology and political science analyzed Bill C-36 and questioned the government's efforts to expand its powers at the expense of civil rights and liberties. The presenters called for increased ''democratic deliberation" and were skeptical not only of the transfer of emergency powers to the state, but were also concerned whether these new criminal laws and tougher penalties would prevent such crimes in the future. There were concerns regarding the bill's expansion of information gathering and information suppressing powers, which could threaten citizens' privacy and lead to information warehousing, profiling, or the monitoring of legitimate political protests and the stifling of legitimate speech. Finally there were concerns with the bill's excessive preventative arrest provisions and limited safeguards, sunset clauses, and oversight measures. Ronald Daniels, Patrick Maclem, & Kent Roachapter (Eds), The Security of Freedom: Essays on Canada's Anti-Terrorism Bill. (Toronto, 2001).
[841] News Release, Department of Justice. Amendments to Bill C-36. available at http://canada.justice.gc.ca/en/news/nr/2001/doc_27902.html.
[842] News Release, Office of the Information Commissioner of Canada, Open Letter from the Information Commissioner of Canada to the Special Senate Committee on the Subject-Matter of Bill C-36: Anti-Terrorism. November 28, 2001, available at http://www.infocom.gc.ca/pressreleases/preleaseview-e.asp?intPreleaseId=4.
[843] David Goetz et al., Library of Parliament, Parliamentary Research Branch, Bill C-42: The Public Safety Act LS-419E (2001).
[844] Id.
[845] Bruce, Cheadle, "Despite Liberal Unease over Revamped Anti-Terror Bill, PM Promises Fast Track," Canadian Press Newswire, May 6, 2002.
[846] Solicitor General of Canada, RCMP and CSIS Access to Airline Passenger Information, available at http://www.sgc.gc.ca/Epub/POL/eAirPassInfo.htm.
[847] News Release, Office of the Privacy Commissioner, Amendments to Bill C-55, June 18, 2002.
[848] News Release, Department of National Defense Newsroom, "New Public Safety Act Proposes Amendments to the National Defense Act," April 2002, available at http://www.dnd.ca/eng/archive/2002/apr02/3ONDA_b_e.htm.
[849] News Release, Office of the Privacy Commissioner, Public Safety Act, Bill C-17, November 1, 2002.
[850] News Release, Office of the Privacy Commissioner, "Privacy Commissioner of Canada's Apperance before the Legislative Committee on Bill C-17, Public Safety Act," February 6, 2003, available at http://www.privcom.gc.ca/media/02_05_a_030206_e.asp.
[851] Draft Bill C-17, Public Safety Act, 2002, available at http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-17/C-17_2/C-17TOCE.html.
[852] See, e.g., Electronic Frontier Canada and Electronic Frontier Foundation, "Re: Request for Comments on Lawful Access Consultation Document". December 17, 2002, available at http://www.eff.org/Privacy/Foreign_and_local/Canada/20021219-EFC-EFF-comments.pdf.
[853] Letter to Privacy Commissioner, Opinion by retired Supreme Court Justice Hon. Gérard V. La Forest, C.C., Q.C, November 19, 2002, http://www.privcom.gc.ca/media/nr-c/opinion_021122_lf_e.asp. See also opinion of Hon. Marc Lalonde, former Minister of Justice of Canada, finding that the Canada Customs and Revenue Agency's (CCRA) plans for an air traveler database is contrary to the Canadian Charter of Rights and Freedoms.
[854] "Big Brother travel database restricted," CBC News. April 9, 2003, available at http://www.cbc.ca/stories/2003/04/09/privacy_030409.
[855] Access to Information Act, C. A-1.
[856] Office of the Information Commissioner of Canada, Annual Report 1998-9, July 21, 1999. http://fox.nstn.ca/~smulloy/oic98_9e.pdf.
[857] See Alasdair Roberts, Limited Access: Assessing the Health of Canada's Freedom of Information Laws, April 1998. http://qsilver.queensu.ca/~foi/foi.pdf.
[858] Office of the Informaton Commissioner of Canada, 2002-2003 Annual Report 45-46, available at http://www.infocom.gc.ca/reports/pdf/oic02_03E.PDF.
[859] Id. at 48.
[860] Id. at 74-75.
[861] "The myth of security at Canada's airports". Report of the Standing Senate Committee on National Security and Defence, January 2003, available at http://www.parl.gc.ca/37/2/parlbus/commbus/senate/Com-e/defe-e/rep-e/rep05jan03-e.pdf.
[862] Report of the Access to Information Review Task Force. June 2002 Report Access to Information: Making it Work for Canadians. June 2002. http://www.atirtf-geai-gc.ca/accessreport-e.pdf.
[863] Id.
[864] News Release, Ontario Information and Privacy Commissioner, Release of Patient's personal records a wake up call to all companies, February 20, 2003.
[865] Canadian Press, "Police Don't Know if Information Taken from Recovered Hard Drive," CBC News, February 2, 2003, available at http://www.cbc.ca/stories/2003/02/05/missingdrive_030205.
[866] Canadian Press, "Consumers in B.C. courts off after system breach," Globe and Mail, June 13, 2003,.
[867] A list of provincial and territory privacy laws and commissions is available at http://canada.justice.gc.ca/en/ps/atip/provte.html.
[868] Office of the Privacy Commissioner, Report to Parliament on Substantially Similar Provincial Legislation, May 2002, available at http://www.privcom.gc.ca/legislation/leg-rp_e.asp.htm.
[869] Alberta: Bill 44- Personal Information Protection Act, http://www.assembly.ab.ca/pro/bills/ba-sta; British Columbia: Bill 38, the Personal Information Protection Act http://www.legis.gov.bc.ca/37th4th/1st_read/gov38-1.htm.
[870] Health Information Act, H-5 RSA 2000.
[871] B.C. Freedom of Information and Privacy Association, Letter to the Honourable Sandy Santori, Minister of Management Services - Comment on Bill 38. May 15, 2002, available at http://fipa.bc.ca/library/Law_Reform_Activities/LETTERS/May_15_2003_Sandy_Santori.doc.
[872] News Release, Office of the Privacy Commissioner, Letter to the Honorable Sandy Santori, Minister of Management Services, Government of British Columbia, regarding Bill 38, May 8, 2003, http://www.privcom.gc.ca/media/nr-c/2003/02_05_b_030508_e.asp.
[873] Report to Parliament Concerning Substantially Similar Provincial Legislation. Office of the Privacy Commissioner, June 2003, http://www.privcom.gc.ca/legislation/leg-rp_030611_e.asp#letter2.
[874] Id.
[875] Information and Privacy Commissioner of Ontario, "FAQ: Privacy Legislation for the Private Sector". March 2003, available at http://www.ipc.on.ca/scripts/index_.asp?action=31&N_ID=1&P_ID=14235&U_ID=0.
[876] Alberta OIPC Stakeholder Survey, 2003. Highlights Report. March 2003, available at http://www.oipc.ab.ca/ims/client/upload/survey_2003.pdf.