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Inside Internal Controls

News and discussion on implementing risk management

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investigation

Investigator plus lawyer = privilege?

There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.

 

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Storing data in Canada won’t necessarily shield it from US scrutiny

Two recent decisions emphasize that data seized in Canada by Canadian authorities is nevertheless subject to investigation by foreign, and in particular American authorities. Storage of data in Canada will not necessarily shield if from review by foreign authorities.

 

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Bill C-13: Lawful access and the relationship between organizations, cyber-bullying and the protection of privacy rights

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Act) – also known as the Protecting Canadians from Online Crime Act –, received the royal assent. The Act came into force on March 9, 2015.

 

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Lessons from the Saanich spyware fiasco and new privacy laws to be aware of

In our current information age, security over electronic information and protection against unauthorized access is foundational to employers’ businesses. To guard against endlessly multiplying electronic threats, employers must resort to electronic means and, understandably, often resort to broad and comprehensive software to protect their operations. However, the situation involving the District of Saanich earlier this year is a good reminder to all B.C. employers that cyber-protection cannot be used at the expense of employees’ privacy.

 

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OSC proposes large financial awards for whistleblowers

The Ontario Securities Commission (OSC) is inviting comment on a proposed comprehensive whistleblowing program (Program) which would award eligible whistleblowers up to $1.5 million for reporting securities law misconduct that leads to significant enforcement or settlement orders.

 

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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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The case of Rehteah Parsons – Why it should never have happened

So much has already been said by so many about this tragic story. A beautiful 17 year old taking her own life after being sexually assaulted, followed by sexually explicit cyberbullying.

 

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Facebook: Friend or foe?

Beware all litigants! Anything you post on Facebook may be used against you in a court of law.

 

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Toronto Humane Society investigation update

We reported earlier this year about the perils of bad governance in the case of the Toronto Humane Society. The non-profit organization faced a raid and subsequent investigation after complaints of serious mistreatment of animals, overcrowding, rampant illness and disease, disgusting workplace conditions and generally poor management. The Ontario Society for the Prevention of Cruelty to Animals removed animals from the premises, confiscated documents, arrested the president and senior management and charged them with animal cruelty and conspiracy to commit an indictable offence, and discharged the board of directors and charged them with “non-criminal” animal cruelty.

 

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