A Common Law Right to Privacy

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Until very recently, there was no common law right to privacy in Canada. Now, some jurisdictions in Canada recognize such a right, while others refuse. Although Alberta has yet to clearly recognize a common law right to privacy, the author submits that it is only a matter of time. This paper examines the development of a common law right to privacy, and discusses the general cause of action, including damages. The author discusses developments in the UK, United States, British Columbia, Alberta, and Nova Scotia.

This paper is part of a collection presented at LESA’s Privacy Update seminar in Calgary on May 19, 2016 and in Edmonton on May 25, 2016.

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