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Inside Internal Controls

News and discussion on implementing risk management

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Cyberbullying and revenge porn: An update on Canadian law

The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible to delete retrospectively. There have been developments in both common law in statute.

 

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Political activities law: Charity brings new Charter challenge

When the Liberals came into power last year, the new Minister of National Revenue announced that she was putting a halt to the “political activities” audit of charities that the previous administration had been conducting for the past few years. In practice, this meant that the charities in line to be audited under the program were given a reprieve, but those that were already in the course of being audited were not. One of the latter charities, Canada Without Poverty, is now bringing a constitutional challenge against the political activities law.

 

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Phone companies after R v. Rogers: Constitutional guardians or agents of the State?

People love their phones. Phones now accompany us pretty much wherever we go, whatever we do. People use their phones in church, in restaurants, at the theatre, and, apparently, while committing crimes. And our phones are leaving a trail behind us.

Police know this. They also know that records are created every time our phones connect to cell towers to send and receive calls, SMS messages, or data. Every one of those records indicates that a phone (and, implicitly, the person carrying it) was in range of a particular cell tower, at a particular time.
This could be useful information if, say, one wanted to identify the person (or people) responsible for a string of jewelry store robberies.

The method will be familiar to many from movies and T.V. shows: all you need to do is to gather a list of every single person who was near each of the locations of interest at the time of interest and analyze the patterns. And, hey, that cell tower data can provide that list….

But is it legal?

 

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Size does matter: Quebec court weighs in on French language laws

While 2014 brought a new liberal government to the province of Quebec, it did not bring any respite from the enforcement of the Charter of the French Language . We should expect the Charter to remain relevant to businesses operating in the province for the foreseeable future.

 

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Lawyers’ commitment to clients’ cause a ‘principle of fundamental justice’

Lawyers are not required to collect client financial information, prepare reports on that information and submit to warrantless searches from the Financial Transactions and Reports Analysis Centre of Canada under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 

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Section 69(2) of the Competition Act ruled unconstitutional in R. v. Durward

On June 27, 2013, Madam Justice B.B. Warkentin of the Ontario Superior Court of Justice held that section 69(2) of the Competition Act violates sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms when applied in criminal proceedings.

 

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Arbitrators should apply ‘privacy spectrum’ to personal information

The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest.

 

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Search warrants: what should you do?

Being subject to a search warrant can be unexpected, shocking and upsetting. If served with a search warrant in connection with a government or regulatory investigation, it is essential to contact legal counsel immediately.

 

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Who’s looking at your garbage, and why should you care?

You know what happens when you dump your garbage in the bin, right? The garbage collectors pick it up and take it away, and you don’t worry about it any more. But should you worry about it? A 2009 Supreme Court of Canada decision suggests you might want to.

 

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