Fundamentals of Privacy and Freedom of Information in Canada, 2nd Edition
By: Professor Michel W. Drapeau, (Colonel Ret'd), OMM, CD, LL.L, LL.B, Marc-Aurèle Racicot, B.Sc., LL.B., LL.M., Ashlee Barber
ISBN/ISSN/Product Number: 978-0-7798-8082-9
Product Type: Book
Number of Pages: Approximately 275 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2017-07-27
Publisher: Carswell
Price: $166.00

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Fundamentals of Privacy and Freedom of Information in Canada provides a clear and succinct statement of the law relating to privacy and freedom of information under both Federal and provincial statutes. Written by Canadian experts in the field, it outlines the purposes behind access and privacy rights, key definitions in the statutes and an overview of the federal and provincial administrative regimes. The authors then canvass all the major issues relating to: • Freedom of information • Protection of privacy in the public sector • Protection of privacy in the private sector • Review rights and procedure For those looking for a concise statement of the laws relating to privacy and freedom of information throughout Canada, this is an ideal, easy-to-navigate resource. It includes cross-references to the Canadian Abridgment's classification scheme, thus enabling quick access to a comprehensive survey of case law and tribunal decisions for those with access to that service.

This updated title is based on the the Privacy and Freedom of Information title in the Canadian Encyclopedic Digest, 4th edition.  New to this edition are the following noteworthy decisions:

  • LeCaine v. Canada (Registrar of Indian and Northern Affairs) (2015), 2015 CarswellSask 225 (Sask. C.A.): leave to appeal refused (2016), 2016 CarswellSask 6 (S.C.C.) (registrar did not hide or conceal facts by using privacy legislation inappropriately)
  • Alberta (Information and Privacy Commissioner) v. University of Calgary (2016), 2016 CarswellAlta 2247 (S.C.C.) (commissioner did not have statutory authority to compel production of records over which solicitor-client privilege was asserted; court affirmed that solicitor-client privilege pursuant to statutorily established access to information regime was substantive).
  • R. v. Spencer (2014), 2014 CarswellSask 342 (S.C.C.). Provisions of the Personal Information Protection and Electronic Documents Act[1] cannot be applied to compel an internet service provider to disclose subscriber information associated with an internet protocol address to law enforcement without prior judicial authorization.
  • UFCW, Local 1518 v. Sunrise Poultry Processors Ltd. (2015), 2015 CarswellBC 2269 (B.C. C.A.) (privacy legislation does not affect collection, use or disclosure of personal information in course of labour arbitration).


About the Author

Professor Michel W. Drapeau, O.M.M., C.D., LL.L., LL.B., retired from the Canadian Forces (Army) in 1993 after accumulating 34 years of service in the Regular and Reserve components. He then went on to obtain a common law degree, as well as a civil law degree, from the University of Ottawa and to co-author several legal texts, including Protection of Privacy in the Canadian Private and Health Sectors, Canadian Military Law Annotated, and Military Justice in Action: Annotated National Defence Legislation. He is an adjunct Professor at the Faculty of Law, University of Ottawa. He also serves as Vice-President, Board of Governors, Saint-Paul University. He has been elected to the governing Council of the Ontario Bar Association.

Me Marc-Aurèle Racicot, LL.M., is a member of the Quebec Bar. Since 2001, Me Racicot has held several positions related to access to information and protection of privacy. He is co-author of Federal Access to Information Act and Privacy Legislation Annotated, Protection of Privacy in the Canadian Private and Health Sectors, and Fundamentals of Privacy and Freedom of Information in Canada.

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