Criminal Law

Problematic Ontario Pawnbrokers Act to be repealed

An interesting nugget in the Ford government’s recently introduced Bill 66, titled “Restoring Ontario’s Competitiveness Act, 2018” is Schedule 2, which repeals the Pawnbrokers Act. The repeal of the Pawnbrokers Act will end legislation that has, for more than 100… Read More ›

Outsourcing and criminal record check requirements

Earlier this week, I posted an update about the coming into force of the Ontario Police Record Checks Reform Act. With increasing frequency, Canadian employers are conducting criminal records checks on job applicants. There are numerous reasons why employers conduct… Read More ›

Police records check law now in force in Ontario with last-minute changes

On November 1, 2018, the Police Record Checks Reform Act, 2015 (Ontario) came into force with little fanfare. There was a last-minute change that has important procedural implications and limits the situations in which “double consent” is required from the… Read More ›

Using the Criminal Code to Require News Media to “Un-Publish” Fails

In Canada, s. 486.4(2.1) of the Criminal Code to make an order protecting a victim of a crime from having any information that could identify the victim from being “published in any document or broadcast or transmitted in any way.”… Read More ›

Privacy and Text Messages

In December, the Supreme Court of Canada issued two important decisions on the reasonable expectation of privacy in text messages. The decisions relate to two issues. First, does the sender of a text message continue to have a privacy interest… Read More ›