Document type | Article |
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Author | Michaluk, Dan |
Journal | Canadian Labour and Employment Law Journal |
Volume | 18 |
Date | 2014-2015 |
Pages | 459-466 |
In October 2012, the Supreme Court of Canada issued a decision much-anticipated by Canadian employers. In R. v. Cole,' it affirmed an Ontario Court of Appeal holding that a schoolteacher had a reasonable expectation of privacy in a work-issued laptop. Some hailed the ruling as a landmark. But does Cole signal a significant shift in workplace rights and obligations? This short essay - written from the perspective of counsel to employers - explains why the answer to this question is "no." Cole recognizes a significant new pri- vacy interest, but also establishes a strong foundation for continued employer access to information stored on work systems.