What is a "reasonable expectation of privacy" in Canadian law?

In Canadian law, rights, obligations and crimes often turn on the existence of a "reasonable expectation of privacy". This video discusses the concept and its various nuances.
References
► R. v Cole, 2012 SCC 53 canlii.ca/t/ft969
► R v Jarvis, R. v. Jarvis, 2019 SCC 10 canlii.ca/t/hxj07
Where you can find me
► Privacylawyer blog: blog.privacyla...
► My law firm: www.mcinnescoo....
► Twitter: / privacylawyer
► LinkedIn: / davidtsfr. .
This is intended for education and information only, and should not be taken as legal advice. This is a complicated area and if you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator.

[@beansinacan6879]

love your content! as a student finding videos that are detailed and informative is hard to come by so this is very helpful

[@aywitb911]

👍👍👍

[@hoosierdaddy3705]

Lawyers lie all the time. They talk about laws and such. One thing you never hear them talk about is section 32 of the Charter of rights and freedoms. As most people have heard the charter is the supreme law. What you haven't heard is it applies to the government, not the people.
This means all law in Canada is meant for the government, they do not have the authority to make laws controlling the people.
I have pasted it here for you to read for yourself.
Section 32 - Application of Charter
32. (1) This Charter applies:
to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
Exception
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
The purpose of section 32 is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations.
Subsection 32(2) was necessary to give governments a chance to amend their laws to bring them into line with equality rights. Section 15 of the Charter did not come into force until three years after the rest of the Charter became effective on April 17, 1982.

[@Char1es316]

They don't even know about the 3 designations expressed in the CCRF. Everyone, Citizen and Legal Person are not the same.

[@scottkyba]

Hey David. If my TH-cam channel is monitored is my recordings considered filming for commercial purposes?

[@concerned_2023]

I'm listening to several of your videos and taking you up on the offer to ask a question.
I recall a woman in British Columbia at a ferry terminal getting into a dispute with a staff member. Another person took a video of her and then posted it on social media for the intent of receiving remuneration.
I doubt the person had any idea as to the circumstances.
If that was me having a disagreement with another especially one as an employee of the state, I would expect some privacy as my problem is no business to anyone else.
Your thoughts?

[@privacylawyer]

Certainly it highlights that not everything that is unpleasant or intrusive is unlawful. It's ok to ask a member of the public to not record something, but in a public place they really don't have to comply.

[@sophieboisvert]

I am a victim of malpractice in Canada. Now I see signs in doctors office saying not to record conversations. That’s makes me angry because I l ow how they lied made fake diagnostic to cover up their surgery than when horribly wrong. I would love to know why some clinics in Alberta have the nerves to put signs saying not to record conversations ? Also will you consider making a video about the healthcare’s system and our right regarding recording them ?

[@privacylawyer]

Technically, a doctors office is private property and they can put conditions on entry to the property, such as no recording. I may be worthwhile to have a conversation about why they have such a rule. In many cases, recording is very helpful to be able to go back over the physician's instructions. I know many people get stressed at the doctor and may not fully remember everything that was said. Most hospitals, for example, have policies about recording but the main concern is privacy of other patients.

[@1dilligaf]

I have a neighbour who films his 10-year-old next-door neighbour threw a hole in his fence. The police have been called. The children’s aid have been called and neither will do anything about this pervert.

[@skyepa9694]

So if a computer is hacked would that be a breach of section 8?

[@privacylawyer]

It's always circumstance specific. If it's a government doing the hacking without a warrant, it likely is.

[@skyepa9694]

@@privacylawyer umbrella was an AHS worker so goverment and their client.

[@AndreRosario-zm8pf]

🙏🏻🙏🏻🙏🏻🌏 Thank you for this video

[@pamelawarren5405]

Opinion on Stewart vs Demme ?

[@firepuncher1]

How about a video discussing privacy concerns around parents tracking minor children & dependants on the electronic devices they use and carry

[@privacylawyer]

Thanks for this, Steve. Kids privacy is an important topic and one that legally differs in Canada from many other places. I'll definitely address that in a future video. Thanks for the suggestion!

[@pumpkineater_69557]

Yeah, our laws are fooked