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PREFACE We would like to explain the background and reasons for adopting our Privacy Policy. Over the centuries, the common law and courts have developed policies which recognize the client’s need to be able to confide in their lawyer without fear that such confidences will be revealed unless the client gives permission. This has developed into what is commonly known as the “solicitor client privilege”. This is the client’s right to prevent anyone from requiring their lawyer to give evidence about communications made between them. In a broader context, under our Rules of Professional Conduct, lawyers and their staff are bound to keep all information given to them in the strictest confidence. With the advent of the internet, the ability of organizations to gather personal information using electronic means has greatly increased. Frequently, the information is collected without your knowledge and consent, and may subsequently be used for purposes which are not authorized by you. As a result, the Federal Government passed the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in 2000. Initially, this only applied to “Federal undertakings” i.e. the banking, airlines and cross-provincial border transactions. Effective January 1, 2004, PIPEDA applies to all Canadian business and organizations, unless individual Provinces have enacted “substantially similar” legislation. Ontario introduced draft legislation in the fall of 2002 but did not proceed with it. The policy which follows, has been prepared in response to PIPEDA. Regrettably it is a lengthy and technical document which may appear at times to be somewhat intimidating. We wish to assure you that we have taken these steps to enhance the protection of your personal information. The policy in no way detracts from our professional obligations to keep all communications from you in the strictest confidence. |
