The Public Interest Advocacy Centre
The Public Interest Advocacy Centre (PIAC) is a national, non-profit organization which has provided legal services and research to Canadian consumers, and the organizations that represent them, for twenty-five years. PIAC's members include individuals, groups and organizations representing 1.2 million Canadians. As you may be aware, PIAC has been extensively involved in the development of the Personal Information Protection and Electronic Documents Act (the PIPED Act).
Given our extensive experience with this legislation, PIAC would like to comment on the Canada Gazette Notice, Part 1, September 22, 2001 regarding the process for determination of "substantially similar" provincial provisions to the Personal Information Protection and Electronic Documents Act. We believe the substance of what will be considered substantially similar legislation, as reported in the Notice, is well thought out and expressed. We are pleased to see that all ten privacy principles must be maintained, independent oversight is necessary, and the collection, use and disclosure of personal information must be in all cases"appropriate and legitimate".These are essential conditions for substantial similarity.
However, we are concerned about the process by which provincial legislation will be reviewed and potentially approved as substantially similar. Primarily, we are concerned about the potential for important decisions on "substantial similarity" to be made without input from the public. Because any determination of legislation as "substantially similar" to the PIPED Act will essentially provide an exemption from the Act for an organization, sector or a whole province/territory, it is imperative that the utmost be done to ensure that all concerned stakeholders are consulted. We recognize that Industry Canada will be consulting with the appropriate provincial or territorial government who drafted the legislation and that the Privacy Commissioner will be notified. As well, doubtless, there will be consultation with the requesting organization or sector. However, there appears to be no opportunity for public comment. We suggest that this oversight be remedied: Industry Canada should be required to seek public input when considering any requests for a determination of "substantially similar" under the PIPED Act.
At the very least, the fact that certain legislation or proposed legislation is being assessed to determine if it is substantially similar should be made public by way of notice in the Canada Gazette. If this is not done, the most directly affected party, Canadian consumers, will not have an opportunity to comment on fundamental changes to a law designed to protect them.
"We have an extremely antiquated Broadcasting Act," he said. "Things get old. People get old. Legislation gets old. We 're looking for a refresh of the Broadcasting Act. It 's a reasonable request." Entwistle suggested that the Canadian Radio-television and Telecommunications Commission(CRTC) should displace the Canadian Television Fund with a fund created and manage by company such as TELUS. (POST, 2006)Although his suggestions drew the CRTC’s attention, the Conservative government had already set the plan to the CRTC. However, Entwistle is brave and astute to strive for the maximum benefits, not only for TELUS, but also the Canada government and the whole
However, there are inherent problems with this type of senate reform, where it asks both federal government and certain provinces to lessen their power so that all provinces have an equal platform to broadcast their issues and regional interests. The idea that these two conflicting governments are involved in the national legislation process would form problems, and even this idea of change would change the normal practices of parliament. This idea a triple E Senate calls for constitutional changes, which are difficult to do, and why so far the Prime Minister has only made informal changes since they would need a 7/10 provincial approval with at least 50 percent of the Canadian population on top of the approval of both parts of parliament. It calls for a complete overhaul of the current senate, to become better suitable for regional representation of the Canadian population (gibbins
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.
Publication bans have been a part of the Criminal Code since 1988. A publication ban is a court law that prohibits trial information from leaving the case. Since these bans were first introduced in Canada, they have become a very useful tool in Common Law. These bans have been frequently used over the years for many purposes including avoiding the risk of adverse consequences to participants and for more accurate trial procedures. Having publication bans are beneficial, in every which-way, than not. These bans contribute positively to the environment of law and most importantly, the society within. This essay will outline why the court should have the right to impose a publication ban in Canada. It will support the debate that if Canada wishes to build towards a reputation of having trials handled efficiently, then it should not change the nature of these publication bans. It will portray the importance of these bans through a thorough explanation of how the bans work, and two solid arguments of the cause on the society and environment. First, this essay will discuss basics of publication bans and how they work. Then, this essay will point out how publication bans contribute to trial fairness in the court. Finally, this essay will touch upon how publication bans protect victims and those involved in the trials.
This paper has argued that the Supreme Court of Canada has adopted a quasi-legislative role in their decision making as a result of the Charter or Rights and Freedoms, 1982.The broad and liberal interpretation of charter language, for better or worse has and will continue to influence Canadian politics and the formulation and adoption of public policy.
...hat take place regarding health policy. Primary care reform is taking place across country. (Krieger, 2013).Canada is working towards integrating nurse practitioners in all provinces which may help lower wait times (Johnson & Stoskopf, 2010).
In order for Canada to share an equal part in the overall media industry as any other country, Canadian content regulations must be in place. CanCon regulations should be enforced on Canadian media content, as it is a crucial aspect of national culture, representative of the country as a whole. Without such regulations determined by CanCon, Canadian society risks becoming lost within the commotion of international media and their varied interests.
“…sharing of jurisdictional powers between government institutions is already part of the essence of the Canadian state,” (Townshend 39).
Specifically, part 1 will introduce the Unfair Commercial Practices Directive as the source of the Regulations, including its purpose, scope, structure, its influence on private law in general and its impact on the pre-existing legislation in the UK. Part 2 will be separated into two part, concerning (1) the 2008 Regulations in details including general prohibitions, misleading practices, aggressive practices, outright prohibitions, offences, penalties, defences and illustrate the necessary of the new private rights to redress and (2) the 2014 Regulations including the conditions to apply the new rights, two tiers of remedies and the problems in the
The Canadian constitution is bereft of democratic legitimacy; an alluring term for political democratic deficit. Over the past years, the unsuccessful attempts to reform its laws have made passing new bills and regulations almost an unreachable goal for every newly elected prime minister. This inflexibility in adapting new laws made the fundamental principles of the Canadian constitution knew only few reforms. The lack of democratic accountability in the Canadian parliamentary democracy is demonstrated not only in its electoral system, but also in its national parliament and at the federal level of its politics. Many reforms must be addressed in order to make the Canadian democracy healthier.
Canadians have universal access to publicly funded health care services, including primarily physician and hospital services. However, Canadians also experience longer waits periods due to high demands for services but not enough staff or adequate facilities to go around for everyone. This situation place a strain on patients waiting on either lifesaving or improving procedures but because of the lack of availability, medication, or unavailable rooms at hospital. The results, is the creation of over watch entities such as the Canadian Patient Safety Institute (CPSI) whom main responsibility is to study, report and recommend solutions to the Canadian government the current status of the healthcare system as a hole. The Canadian Patient Safety Institute (CPSI) was established in 2003. Its broad overall mandate is to ensure the safety
The finding of this report are based on four different factors for different factor for analysis of personal data protection and personal data privacy. The first is current regulations, which ……
All around the world there are laws made by municipal, provincial, and federal governments that are made to have a positive impact on its people. If you decide to rob a bank, or decide to hijack a vehicle, there are serious consequences due to the law. These laws positively impact our society by giving our society safety, but do laws such as the Consumer Protection Act, or the Employment Standards Act also give us a positive effect? Both of these acts are made up of many different parts, and I will be going through parts of both acts in this essay.
Staff, Proquest. Right of Privacy Timeline. N.p.: Leading Issues Timelines, 2013. N.p. Web. 5 Dec. 2013. .
Thomas, Mathews. (2004). Is Malaysia's Mykad the one card to rule them all: the urgent need to develop a proper legal framework for the protection of personal information in Malaysia. Melbourne University Law Review, 28. Retrieved on March 13, 2011, from : http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/mulr28&div=23&id=&page=