Tag Archives: freedom of expression

Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

Cases Considered: Canada Safeway Limited v. Shineton, 2007 ABQB 773

PDF Version: Canada Safeway’s Charter Right to Freedom of Expression Not Violated by Privacy Legislation When it Reported Co-op Employee’s Unique Shopping Methods

In a judicial review of a decision of Alberta’s Privacy Commissioner, Canada Safeway put forward a very interesting (yet ultimately unsuccessful) argument as a defence to a complaint that it breached a person’s privacy; Safeway argued that s. 7 (1)(d) of the Personal Information Protection Act (“PIPA”), S.A. 2003, c. P-6.5 violated its right to freedom of expression under the Canadian Charter of Rights and Freedoms (“Charter”) s. 2(b).

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Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

Case(s) Considered: Darren Lund v. Stephen Boissoin and the Concerned Christian Coalition Inc. (November 30, 2007, Alta. H.R.P.; Lori G. Andreachuk, Q.C., Panel Chair)

PDF Version: Offensive Publication Case Highlights the Tension Between Human Rights and Civil Liberties

In many circumstances, human rights and civil liberties principles are complementary. However, in some cases—such as those involving freedom of expression—they can conflict. In examining s. 3 of Alberta’s Human Rights, Citizenship and Multiculturalism Act (“HRCMA”), R.S.A. 2000, c. H-14, the tension between these two values is acute. A recent Alberta Human Rights Panel (“Panel”) decision illustrates how difficult it is to balance freedom of expression (supported byfreedom of religion) and freedom from discrimination in Alberta. Continue reading →