access to information Ambush Marketing big data citizen science confidential information copyright data protection digital cartography ecommerce and internet law Electronic Commerce Extraterritoriality fair dealing freedom of expression Geospatial geospatial data intellectual property Internet internet law IP open courts open data open government personal information pipeda Privacy takings trademark law trademarks traditional knowledge transparency
Wednesday, 08 June 1994 15:18
"Language of Judgment and the Supreme Court of Canada", (1994) 43 U.N.B.L.J. 169
Monday, 13 June 1994 15:16
"Social Welfare and Section 7 of the Charter: Conrad v. The Municipality of the County of Halifax", (1994) 17 Dalhousie Law Journal 187
Friday, 17 June 1994 15:15
"Language Standards, Ethnicity and Discrimination", (1994) 26 Canadian Ethnic Studies 103-121
Thursday, 13 June 1996 15:14
"Language, Culture and the Courts: Bilingual Education in the United States", (1996) 26 Canadian Review of American Studies 31.
Thursday, 20 June 1996 14:35
"National Identity, Ethnic Surnames and the State", (1996) 11 Canadian Journal of Law and Society 167.
Wednesday, 07 June 2000 14:12
"Text and Context: Making Sense of Canada's New Personal Information Protection Legislation", (2000-2001) 32 Ottawa Law Review 1-34
Wednesday, 14 June 2006 13:42
“Consumer Privacy and Radio Frequency Identification Technology” (with Theodore Chiasson, Michael Deturbide and Anne Uteck, (2005-2006) 37 University of Ottawa Law Review 215-248
Radio Frequency ID tags are poised to replace the UPC barcode as a mechanism for inventory control in the wholesale and retail contexts. Yet the tiny chips offer a range of potential uses that go beyond the bar code. In this paper we define RFID technology and its applications. We explore the privacy implications of this technology and consider recent attempts in the U.S. and European Union to grapple with the privacy issues raised by the deployment of RFIDs at the retail level. We then consider the extent to which Canada’s Personal Information Protection and Electronic Documents Act will apply to RFID technology, before making recommendations for initiatives to proactively address the privacy issues that RFIDs will raise.
Wednesday, 20 June 2007 12:44
“Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization” (2007) 6 Canadian Journal of Law and Technology 29-60. (With Stephen Coughlan, Robert Currie and Hugh Kindred) PDF Available here.
The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. In this we consider issues of jurisdiction, distinguishing between territorial and extraterritorial jurisdiction, and defining and discussing legislative/prescriptive jurisdiction, executive/enforcement jurisdiction, investigative jurisdiction and judicial/adjudicative jurisdiction. We discuss the mechanics of extraterritorial action, and the means by which extraterritorial action is taken. We also consider the policy justifications which have primarily motivated Canada to act extraterritorially in the past. In the second part of the paper, we consider whether the lessons of the past are applicable to the future. Primarily we will do this by pursuing four “case studies” of areas of law which raise new and challenging issues. These include i) the internet; ii) personal data protection, iii) human rights and iv) competition in the marketplace.
Wednesday, 17 June 2009 12:35
“Information Privacy in Public Space: Location Data, Data Protection and the Reasonable Expectation of Privacy”, (2009) 7:2 Canadian Journal of Law and Technology 193-220. PDF available here.
The sheer volume of location data that is now being collected by private sector companies in relation to a wide range of products and services poses serious challenges for privacy and data protection law. This paper considers a central challenge to privacy posed by the collection and compilation of location data -- the accessibility of this data to law enforcement agents through exceptions to the general principles of consent for disclosure that exist under private sector data protection legislation in Canada. Recent court interpretations of these exceptions – primarily in the internet context – paint a muddled picture of their relationship to the right to be free from unreasonable search and seizure under the Canadian Charter of Rights and Freedoms. This paper considers whether the permissive disclosure provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its substantially similar counterparts mean that law enforcement agents have ready access to information about our movements and activities, or whether s. 8 of the Charter plays a role in limiting the circumstances in which disclosure without notice or consent may take place.
Tuesday, 15 June 2010 11:48
“The Inadvertent Disclosure of Personal Health Information through Peer-to-peer File Sharing Programs”, in JAMIA 2010 17: 148-158 ( Journal of the American Medical Informatics Association) (with K. El Emam, E. Neri, E. Jonker, M. Sokolova, L. Peyton, & A. Neisa)
There has been a consistent concern about the inadvertent disclosure of personal information on peer-to-peer file sharing networks. Examples of personal health and financial information being exposed have been published. This paper estimates the extent to which personal health information (PHI) is leaking in this way, and compare that to the extent of leakage of personal financial information (PFI). The paper concludes that there is a real risk of PHI leakage on peer-to-peer file sharing networks, although the risk is not as large as for PFI. Custodians of PHI should not install file sharing applications on their computers, and individuals need to be educated about the proper use of file sharing tools to avoid inadvertent disclosure of their, their family’s, their clients’, or patients’ PHI.
Canadian Trademark Law
Published in 2015 by Lexis Nexis
Electronic Commerce and Internet Law in Canada, 2nd Edition
Published in 2012 by CCH Canadian Ltd.
Intellectual Property for the 21st Century
Intellectual Property Law for the 21st Century: