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"Learning From A Decade of Experience: Quebec's Private Sector Privacy Act"

Jurisdiction: - Quebec

The Privacy Commissioner of Canada commissioned two Quebec lawyers to prepare a paper on, "Learning From A Decade of Experience: Quebec's Private Sector Privacy Act" (2005). 

The message from the Privacy Commissioner at the beginning of the paper notes:

...Québec was the first Canadian jurisdiction to adopt private-sector privacy legislation. Its Act respecting the Protection of Personal Information in the Private Sector (Quebec's Private Sector Act) has been in force since 1994. Québec's Commission d'accès à l'information (CAI) and Québec courts have thus had more than ten years of experience interpreting and applying the various provisions of their Act across numerous sectors and multiple situations. As a result, there is a rich body of jurisprudence that has accumulated since 1994, providing important insight for other jurisdictions overseeing private sector privacy compliance.  read more »

"Quebec court strikes down non-competition clause"

Jurisdiction: - Quebec

Lawyer Jock Climie has written a legal brief entitled "Quebec court strikes down non-competition clause", which summarizes the (English language) decision of the Quebec Superior Court in Positron Public Safety Systems Inc. v. Cardoso, 2005 CanLII 28827 (QC C.S.).

Can an employer impose an administrative suspension on an employee facing criminal charges?

Jurisdiction: - Quebec
Sector: - Insurance

In Cabiakman v. Industrial Alliance Life Insurance Co., 2004 SCC 55, the Supreme Court of Canada ("SCC") addressed if/when an employer can impose an administrative suspension on a non-unionized employee facing criminal charges.

The employer and employee were located in Quebec thus governed by the Quebec Civil Code. However, the principles enunciated by the court likely also apply to employment contracts formed in Canada's other jurisdictions.


The employer was an insurance company and hired the employee as a sales manager in one of its branch offices. Approximately three months after he was hired, the employee was arrested at home for the attempted extortion of his securities broker. He was held in custody for about three days and then released after pleading not guilty to the charges. Shortly thereafter, a newspaper picked up the story and published an article.

The employer suspended the employee without pay, without investigating the situation and without providing the employee the opportunity to explain the situation.  read more »

"Ready or Not: Workplace Privacy is Here"

I co-authored an article  - "Ready or Not: Workplace Privacy is Here" - that was recently published in Management Rights Journal (Vol. VI, No. 2 2003, pg. 331). The Journal is one of several legal publications issued by Federated Press.

The article covers the following workplace privacy issues in British Columbia and Alberta:  read more »

"Discipline and Discharge In Quebec At the Birth Of The New Millenium"

Jurisdiction: - Quebec

Quebec lawyer Theodore Goloff has written a comprehensive employment law paper entitled, "Discipline and Discharge In Quebec At the Birth Of The New Millenium" (undated).

The paper's Preface reads as follows:

Canada's constitution divides responsibility with respect labour relations and some areas of employment law between the federal and provincial parliaments. Unlike the U.S., the presumptive jurisdiction in labour and employment is provincial, not federal, and this whether the employer opera tes nationally or not. Because property and civil rights are assigned by the Canadian constitution to provincial jurisdiction, the law of contract, and per force the laws that govern the making, enforcement and termination of employment contracts are governed by the laws of the province in which the matter arises.  read more »