A matter of trust : Question de confiance : intégrer le droit à la vie privée aux mesures de sécurité publique au 21e siècle : document de référence

A series of normative frameworks, policy instruments, statutes and jurisprudence have been adopted to redefine the grounds of privacy: passage of the Protection of Privacy Act (1974) that created Part VI of the Criminal Code to govern wiretapping; passage of the Canadian Human Rights Act (1977) which first established privacy as a basic legal right in Canada and created the first Privacy Commi [...] By For example, privacy interests have been found to carrying and form part of the right to life, liberty and security of the communicating through person protected by section 7 of the Charter, with a new generation of respect to control over our bodies and our personal connective devices, information.8 The Supreme Court of Canada has suggested that the right to privacy might itself be a individua [...] In the context of searches by government bodies in particular, the Supreme Court of Canada has recognized that an individual’s expectation of privacy may turn on location, the nature of the information and the relationship of the information to the individual. [...] Although developed in the context of determining whether a prima facie violation of the Charter is justifiable under section 1 of the Charter, the Oakes test provides a useful framework to analyze the viability of a potential new security initiative. [...] For instance, the Security Intelligence Committee (SIRC) reviews in detail the operational activities of the Canadian Security and Intelligence Service (CSIS) and the Communications Security Establishment Commissioner reviews in detail the activities of the Communications Security Establishment (CSE), both with specific references to protecting privacy.