The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Thursday, April 13, 2006

Privacy and open courtrooms 

I was interviewed yesterday by a reporter from the Regina Leader Post about privacy and open courtrooms. The issue has come to the fore in the province of Saskatchewan as a result of the trial of a former football player who is charged with aggravated sexual assault. He is alleged to have had unprotected sex with a number of women without revealing that he is HIV positive.

Vanity quote:

Smith case takes another step :

While proceedings in Canada's court system are usually open to the public and media, exceptions -- while rare -- are certainly not unheard of, said David T.S. Fraser, a Nova Scotia lawyer who specializes in Canadian privacy law.

'The rights in our charter are not absolute,' he said. 'They're all subject to reasonable limitations that are compatible with the democratic and generally open society, and that's the sort of question the judge has to ask and answer.'

Fraser said there is a very strong precedent to close courts in particular circumstances. In addition to cases involving confidential medical information, public access to trials is most often restricted in cases that involve victims of sexual assault, children and national security issues.

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