Privacy & Freedom of Information

We are pleased to share with you the BNN Bloomberg interview, “Workers might need to give up some rights to privacy on being vaccinated.” Kevin Coon addresses vaccination issues in the workplace, including whether people will be able to work without getting vaccinated.

Click here to listen to the interview.

This interview was originally posted

The world is facing another year of unprecedented change making uncertainty the new normal for global employers. We are watching geopolitical crises play out on the global stage with a global economic slowdown waiting in the wings. Global employers must navigate a course through this highly charged, shifting competitive landscape which is compounded by the

We’re pleased to share Baker McKenzie’s US Employment & Compensation Law Digest 2018/2019. The Digest outlines recent developments in US law relevant to employers and provides insight on global trends in gender pay, #MeToo, business change, and the modern workforce. In short, it’s an invaluable resource for Canadian companies with operations in the US

Ontario employers who conduct police record checks for hiring or other purposes should be aware that new legislation comes into force on November 1, 2018. The Police Record Checks Reform Act, 2015  and its Regulations will apply to checks conducted on a Canadian police database. At present, police record checks are not regulated and practices vary depending upon where the check is completed. As of November 1, the process and contents of police record checks will be standardized in Ontario. Below, we outline what you need to know about the new requirements.
Continue Reading Conducting a Police Record Check? What You Need to Know for November 1

Earlier this year, the Supreme Court of Canada (SCC) refused the union’s leave application in Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (Suncor ) thereby leaving the Alberta Court of Appeal’s (ABCA) ruling intact. The ABCA had held that evidence of substance-related safety risks across an employer’s workforce (including both union and non-union workers) may be taken into account when assessing the permissibility of random testing of unionized workers.

Suncor  is a favourable result for employers because it is in step with taking a holistic approach to workplace safety. But it is by no means a green light for drug and alcohol testing in the workplace. With the legalization of recreational use of cannabis fast approaching, we outline the current state of the law and key best practices for workplace impairment testing.
Continue Reading Legalization Draws Near, Where are We Now on Employee Testing?

Around this time last year, we blogged about the decision of the Ontario Superior Court of Justice (the “ONSC”) in Jane Doe 464533 v ND (“Jane Doe“), a case that effectively created a new privacy tort – “public disclosure of embarrassing private facts” (you can read our post here). It was a tort that responded to a disturbing trend on the internet where embarrassing images or videos of people are posted without their consent.
Continue Reading Privacy Tort Update – Not So Fast on Public Disclosure of Embarrassing Private Stuff

The U.S. Justice Department announced last week that they were dropping their court action in which they sought to compel Apple to create a backdoor to override their existing iPhone passcode protection software.

If you followed this story, you know that a public and controversial battle ensued between the Justice Department and Apple over access to the iPhone used by Syed Farook, one of the perpetrators of the San Bernardino terrorist attack.


Continue Reading DOJ v. Apple: Key Lessons for Employers

On December 3, 2015, the Ontario Legislature’s Bill 113, the Police Record Checks Reform Act, 2015(the “Act”) received Royal Assent. The Act represents the first provincial legislation of its kind to provide a comprehensive framework aimed at establishing a consistent standard governing how a “police background check” (“PBC”) is requested, conducted and disclosed in the Province.
Continue Reading Police Record Check Reform Act: Restricting Employer Flexibility in Favour of Individual Privacy

Monitoring the use of company-issued technology is controversial.  For some, the notion of monitoring employees’ use of computers, smartphones, and emails is inconsistent with personal privacy.  To others, monitoring employees’ use of technology in the workplace is both the right and the responsibility of the prudent employer.

While Canadian courts and tribunals have generally accepted that employers can monitor employees’ use of technology, the limits on the nature and scope of such monitoring are murky at best.  Employers that have already implemented some form of technological monitoring, or are considering doing so, should keep in mind that the legal landscape is evolving.  There are some best practices to consider that may help to avoid problems.
Continue Reading Someone to Watch Over Me: Employer Monitoring of Company Technology

The issue of patient confidentiality has come to the forefront for healthcare organizations after a number of recent privacy breaches in Ontario hospitals have come to light, including hospital staff improperly accessing the medical records of former Toronto mayor Rob Ford.

It is generally accepted that patients seeking healthcare, treatment or advice should be able to expect that their personal information will be kept confidential, and that it will only be disclosed as necessary for their care. Given the sensitive nature of such information, the Government of Ontario passed the Personal Health Information Protection Act, 2004 (the “Act”), which provides both guidance to healthcare professionals and peace of mind to patients.

When it first came into force ten years ago, the Act was Canada’s first consent-based health statute. In the years following its enactment, the Act has been highlighted as a model for personal health information laws in Canada and the United States. Moving forward, employers in healthcare settings must continue to be cognizant of the Act’s requirements, as well as its application in our increasingly digital and interconnected age. The increased use of electronic health records and digital record-sharing systems, for example, may require employers to take additional precautions in the future. The modernization of healthcare provision will necessitate the modernization of privacy policies.
Continue Reading Protecting Patient Privacy: What Employers Need to Know