PIAC Position Paper on Digital Contact Tracing Technologies

As part of PIAC’s filing a CRTC Part 1 Application Regarding “COVID Alert” App, “ABTraceTogether” App and Related Matters, we filed in the Appendix a Position Paper, giving full exploration of digital contact tracing technologies (DCTTs). To make this document, A “Privacy-First” Canadian Public Policy Approach to Digital Contact Tracing Technology (“DCTT”) Related to COVID-19 & Future Pandemics, more visible, we have separated this document out at this link. This study was prepared by Deborah Smith-Webber, external counsel to PIAC.
PIAC also has discussed our Application to the CRTC regarding COVID Alert and ABTraceTogether, among other DCTTs, in our first “We Fight for That” podcast, which is available for download now. Please subscribe! We are also preparing our next podcast to update you on the status of this Application.

Social Justice Articling Position at PIAC (2021-2022), Funded by the Law Foundation of Ontario – APPLICATIONS NOW CLOSED

*** APPLICATIONS NOW CLOSED ***
Description for Social Justice Articling Positions Funded by the Law Foundation of Ontario
Name and Location of Organization:
Public Interest Advocacy Centre (PIAC)
2-285 McLeod Street, Ottawa, ON, K2P 1A1
For Articling Year: 2021-2022
Deadline for Application: July 20, 2020 at 5:00 p.m. (EST)
Interviews the weeks of: 17 August and if necessary, 24 August
Offers will be made: August 28, 2020 at 8:00 a.m. (EST)
Description of Organization and Areas of Law:
The Public Interest Advocacy Centre (PIAC) was federally incorporated in 1976 as a non-profit corporation and has charitable status for tax purposes. The organization’s purpose is to provide representation, research and advocacy on behalf of those elements of the public interest that would otherwise be unable to be adequately heard before courts, tribunals, and decision-makers. PIAC has tried to focus its mandate on issues arising from the delivery of important public services including telecommunications, broadcasting, competition law, energy, financial services, and transportation. PIAC seeks to represent and advocate on behalf of ordinary consumers, in particular vulnerable consumers, concerning the rates, policies, rules and regulations associated with the delivery of these services with a view to ensuring principles of access and affordability and fair treatment for the constituencies it tries to serve.
PIAC’s work takes a variety of forms. First, the lawyers of PIAC represent organizations whose membership serves our target constituencies before boards and tribunals where the industries delivering such services are regulated. These organizations include the Canada Without Poverty (formerly NAPO), the Vulnerable Energy Consumers Coalition, the Consumers Association of Canada, the Ontario Council of Senior Citizens Organizations, National Pensioners and Senior Citizens Federation, Option consommateurs, Union de Consommateurs, and Rural Dignity of Canada among others. PIAC’s most significant commitments for such representation occur before the Canadian Radio-Television and Telecommunications Commission (CRTC) and the Ontario Energy Board (OEB) where PIAC lawyers will be full participants in administrative proceedings including the presentation of evidence, cross-examination of witnesses and the making of submissions.
Because the delivery of the public services touches upon consideration of other important legal and policy matters, PIAC has also developed expertise and is frequently involved in funded and unfunded work (approximately 20% of PIAC’s work is unfunded) representing its constituencies in competition law and practice, electronic commerce, privacy, multilateral agreements, and general issues of consumer protection.
PIAC carries out its work outside the hearing room in numerous ways. Its extensive studies and reports associated with the above are published and distributed to policy makers and the general public through its web site. PIAC staff participates in discussions with government officials, other industry stakeholders, other public interest communities, as well as groups representing its own constituencies to attempt to secure rights, rules, policies or consensus that will advance the interests of the communities that PIAC serves. PIAC frequently attends before parliamentary and legislative committees to pursue these same goals in legislation. Finally, PIAC’s staff are active in attempting to present in the media, a coherent defense of those communities’ position when the delivery of important public services is in issue.
Description of Responsibilities:
(a) Research and writing on legal and policy issues to support studies and reports of the Centre;
(b) Research and writing to support regulatory interventions in tribunals;
(c) Assistance and attendance with PIAC counsel for tribunal work, meetings with government officials and presentation before parliamentary committees;
(d) Participation in discussions of advocacy strategy and position with Counsel and Centre clients
Salary/benefits: $51,000 for the articling term, Medical and Dental plus paid vacation
Application includes:
 Resume
 Cover letter
 Undergrad transcripts
 Law transcripts
 Letters of reference
Applications should be addressed to:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre
2-285 McLeod Street, Ottawa, ON, K2P 1A1
Email to: dbrady@piac.ca
** Please note: We no longer accept faxed applications.
Students will be interviewed during the week of 17 August and, if necessary, the week of 24 August with a view to extending an offer on August 28, 2020.
This position has been made available through
The Law Foundation of Ontario Public Interest Articling Fellowships program.

Social Justice Articling Position at PIAC (2020-2021), Funded by the Law Foundation of Ontario – APPLY NOW

Description for Social Justice Articling Position Funded

by the Law Foundation of Ontario

Name and Location of Organization:
Public Interest Advocacy Centre (PIAC)
200-285 McLeod Street, Ottawa, ON, K2P 1A1
For Articling Year: 2020-2021
Deadline for Application: May 21, 2019 at 5:00 p.m. (EDT)
Interviews the weeks of: June 3rd – 7th and June 10th – 13th, 2019
Offers will be made: June 14, 2019 at 8:00 a.m. (EDT)
Description of Organization and Areas of Law:
The Public Interest Advocacy Centre (PIAC) was federally incorporated in 1976 as a non-profit corporation and has charitable status for tax purposes. The organization’s purpose is to provide representation, research and advocacy on behalf of those elements of the public interest that would otherwise be unable to be adequately heard before courts, tribunals, and decision-makers. PIAC has tried to focus its mandate on issues arising from the delivery of important public services including telecommunications, broadcasting, competition law, energy, financial services, and transportation. PIAC seeks to represent and advocate on behalf of ordinary consumers, in particular vulnerable consumers, concerning the rates, policies, rules and regulations associated with the delivery of these services with a view to ensuring principles of access and affordability and fair treatment for the constituencies it tries to serve.
PIAC’s work takes a variety of forms. First, the lawyers of PIAC represent organizations whose membership serves our target constituencies before boards and tribunals where the industries delivering such services are regulated. These organizations include the Canada Without Poverty (formerly NAPO), the Vulnerable Energy Consumers Coalition, the Consumers Association of Canada, the Ontario Council of Senior Citizens Organizations, National Pensioners and Senior Citizens Federation, Option consommateurs, Union de Consommateurs, and Rural Dignity of Canada among others. PIAC’s most significant commitments for such representation occur before the Canadian Radio-Television and Telecommunications Commission (CRTC) and the Ontario Energy Board (OEB) where PIAC lawyers will be full participants in administrative proceedings including the presentation of evidence, cross-examination of witnesses and the making of submissions.
Because the delivery of the public services touches upon consideration of other important legal and policy matters, PIAC has also developed expertise and is frequently involved in funded and unfunded work (approximately 20% of PIAC’s work is unfunded) representing its constituencies in competition law and practice, electronic commerce, privacy, multilateral agreements, and general issues of consumer protection.
PIAC carries out its work outside the hearing room in numerous ways. Its extensive studies and reports associated with the above are published and distributed to policy makers and the general public through its web site. PIAC staff participates in discussions with government officials, other industry stakeholders, other public interest communities, as well as groups representing its own constituencies to attempt to secure rights, rules, policies or consensus that will advance the interests of the communities that PIAC serves. PIAC frequently attends before parliamentary and legislative committees to pursue these same goals in legislation. Finally, PIAC’s staff are active in attempting to present in the media, a coherent defense of those communities’ position when the delivery of important public services are in issue.
Description of Responsibilities:
(a) Research and writing on legal and policy issues to support studies and reports of the Centre;
(b) Research and writing to support regulatory interventions in tribunals;
(c) Assistance and attendance with PIAC counsel for tribunal work, meetings with government officials and presentation before parliamentary committees;
(d) Participation in discussions of advocacy strategy and position with Counsel and counsel’s clients
Salary/benefits: $51,000 for the articling term, Medical and Dental plus paid vacation
Application includes:
 Resume
 Cover letter
 Undergrad transcripts
 Law transcripts
 Letters of reference
Applications should be addressed to:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre
200-285 McLeod Street, Ottawa, ON, K2P 1A1
Email to: dbrady@piac.ca
** Please note: We no longer accept faxed applications.
Students will be interviewed during the week of June 3rd – 7th and the week of
June 10th – 13th, 2019 with a view to extending an offer on June 14, 2019.
This position has been made available through The Law Foundation of Ontario Public Interest Articling Fellowships program.

High Consumer Risks Associated with Cryptocurrencies, Lack of Relevance for Average Consumers as Payment Systems

New PIAC Report: Assessing the Emergence of “Alternative” Currencies and Legal Risk: The Consumer’s Perspective

OTTAWA – A new research report by the Public Interest Advocacy Centre (PIAC) shows that there are high consumer risks associated with the use of alternative currencies (referred as “cryptocurrencies” in the report). PIAC’s study indicates that consumers lack knowledge about the risks associated with cryptocurrencies, affecting their ability to make well-informed decisions.

PIAC’s research shows that cryptocurrencies in their present form also are of little relevance for the average consumer as functioning payment systems. Cryptocurrencies today suffer from a litany of woes resulting from their current design limitations, which affect their speed and potential volume of daily transactions. Cryptocurrencies’ level of acceptance as payment systems by both consumers and merchants consequently remains low.

“Consumers should generally avoid cryptocurrencies as payment mechanisms or investment vehicles until regulators can make enough sense of the area to ensure basic financial consumer and investor protection,” stated John Lawford, Executive Director and General Counsel at PIAC.

There is no secure system to reimburse financial losses, and no secure storage mechanism. The cryptocurrency exchanges remain effectively unregulated from a fiduciary or a consumer protection perspective, with no financial security guarantees. Given their volatility, and unpredictable swings in value, cryptocurrencies presently also remain of limited practical use and relevance to the average consumer as a payment system and, as speculative investment vehicles, present extreme consumer risks.

Our research shows that several jurisdictions are moving towards imposing strict regulatory frameworks; however, at the time of writing, no clear and comprehensive framework could be identified in the context of payment systems. Central banks are found to be unwilling to accept the idea of cryptocurrencies operating as mainstream payment systems. The idea of a central bank issued digital currency, also known as a CBDC, has been analyzed by several central banks. However, at this time it does not appear that any central bank would engage in the issuance of a CBDC in the foreseeable future, although the benefits of such a currency for consumers, if it were to be proven to be feasible, could be substantial.

“It is surprising to see central banks’ apparent reluctance to issue a CBDC, considering the advantages it may hold for consumers in the near future,” noted Tahira Dawood, PIAC’s Policy and Research Analyst.

The report identifies an imminent need for raising consumer awareness, regarding the risks associated with the use of these currencies. It recommends consumers to exercise caution when dealing with cryptocurrencies, either in form of payment systems or as investment vehicles. The report recommends the creation of a working group of key stakeholders within Canada to review and address consumer risks in this space. The report also recommends that the Canada Revenue Agency consider introducing a simple, easy to understand guide for consumers concerning the tax issues arising from cryptocurrencies.

To view the report in English, please see the following link.
To view the report in French, please see the following link.

The Public Interest Advocacy Centre has received funding from Innovation, Science and Economic Development Canada’s Contributions Program for Non-profit Consumer and Voluntary Organizations. The views expressed in this report are not necessarily those of Innovation, Science and Economic Development Canada or of the Government of Canada.
For more information please contact:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
Tel: 613-562-4002 x 25
jlawford@piac.ca

Tahira Dawood
Policy and Research Analyst
Public Interest Advocacy Centre (PIAC)
Tel: 613-562-4002 x 23
tdawood@piac.ca

BACKGROUNDER on the Financial Consumer Agency of Canada Domestic Bank Sales Practices Review

FCAC confirms banks “mis-selling” products to consumers
TORONTO, March 20, 2018
The Financial Consumer Agency of Canada (FCAC) has published a report on its review of domestic banks’ retail sales practices (the “Report”). The Report, which follows 9 months of investigation, finds that the banks do not prioritize financial consumer protection, fairness and product suitability and as a result there is an increased risk of mis-selling to consumers and of bank employees breaching market conduct obligations.
The FCAC News Release identifies the following as key findings in the Report:

Retail banking culture is predominantly focused on selling products and services, increasing the risk that consumers’ interests are not always given the appropriate priority.
Banks’ financial and non-financial incentives, sales targets and scorecards may increase the risk of mis-selling and breaches of market conduct obligations.
Certain products, business practices and distribution channels present a higher sales practices risk.
Governance frameworks do not manage sales practices risk effectively.
Controls to mitigate the risks associated with sales practices are underdeveloped.

FAIR Canada and the Public Interest Advocacy Centre’s (PIAC’s) Key Observations from the Report include:

Compensation structures (sales practices) and firm-wide practices place employees’ and banks’ interests ahead of the interests of Canadians.
Legislative and regulatory requirements for banks are inadequate. The Report defines “mis-selling” as the sale of financial products or services that are unsuitable for the consumer; sales that are made without taking reasonable account of the consumer’s financial goals, needs and circumstances; and sales where consumers are provided with incomplete, unclear or misleading information. Mis-selling, according to the Report, does not amount to a violation of a market conduct obligation. In other words, the rules are inadequate.
There is inadequate protection for Canadians at banks and reforms are needed. FAIR Canada and PIAC call for a best interest standard so Canadians get the advice they expect and deserve. We believe that a best interest standard is urgently needed for those engaged in providing financial advice to consumers. Such a best interest standard should include acting fairly, honestly, with a duty of loyalty to the client and avoiding conflicts of interest, among other things. As part of a best interest standard, banks would be required to avoid financial and non-financial incentives, targets, scorecards or performance measures that puts Canadians at risk of harm.
A best interest standard would lead banks to adapt their business practices so that employees no longer prioritize sales over the interest of the client.
The Report notes that branch and call centre channels have shifted their focus to other kinds of services including “providing financial advice and sales-related customer service”. The fact that these institutions purport to provide “advice” warrants a higher standard of conduct.
FAIR Canada and PIAC are disappointed that the Report does not provide any specifics as to how many Canadians were harmed or what percentage of products sold were done in a manner that was wrongful or unsuitable for consumers. There is no support for their key finding that they “did not find widespread mis-selling.”
Although Canadians may conduct millions of routine deposit, withdrawal and payment transactions through banks, when they seek to make important financial decisions, such as obtaining a credit card, obtaining a line of credit, taking out a mortgage, or purchasing various types of complex investments such as market linked GICs, PPNs, Structured Products or Mutual Funds, they are at serious risk of being ill-advised, misinformed and mis-sold these products. This demonstrates inadequate consumer protection and has serious consequences for Canadians’ financial well-being.
The Report should have greater emphasis on what the risks mean for the financial well-being of Canadians.

Consumer Complaints

The FCAC found “Weaknesses in policies, procedures and systems for handling complaints limit the ability of banks to adequately monitor, identify and report complaints to management, boards and FCAC.”
FAIR Canada and PIAC call for a complete overhaul of the internal bank oversight, management and reporting and handling of consumer complaints.
Banks should be required to follow the FCAC Internal Guidelines for internal complaints and the Internal Guidelines need to be reformed so that consumers do not have to complain at two separate levels at their bank. In addition, consumers should have the right to go the external complaints body if they have not obtained a resolution of their complaint at the bank within 90 days. They should not have to wait for a 90 day letter from the bank (which may not be forthcoming in a timely manner).
FAIR Canada and PIAC also call for major reform to the consumer complaint handling system. The Minister of Finance should work towards having one, national, statutory ombudservice for financial services complaints that can issue binding decisions.
Finally, we are concerned about the robustness and rigour of the proposed enhancements to the FCAC’s supervisory and enforcement functions set forth at page 24 of the Report.

For more information please contact:
Frank Allen
Executive Director
Canadian Foundation for the Advancement of Investor Rights
(FAIR Canada)
36 King Street E., Suite 400
Toronto, ON M5C 3B2
647-256-6693

John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
1204 – 1 Nicholas Street
Ottawa, ON K1N 7B7
613-447-8125 (cell)
(613) 562-4002 ×25
lawford@piac.ca
www.piac.ca

Marian Passmore
Director of Policy and COO
Canadian Foundation for the Advancement of Investor Rights
(FAIR Canada)
36 King Street East Suite 400
Toronto, ON M5C 3B2
647-256-6691
marian.passmore@faircanada.ca
www.faircanada.ca

PIAC Research Finds Increasing Legal Risk in Payment Systems Being Borne by Consumers

OTTAWA – A new research report published by the Public Interest Advocacy Centre (PIAC) today demonstrates increasing legal risk being borne by consumers when using established as well as new innovative electronic payment systems.
“Consumers are increasingly being asked to shoulder legal risk with online payment methods,” said John Lawford, Executive Director and General Counsel to PIAC. “Consumer protection in electronic payment systems should be at least as strong as, if not stronger than, protections in traditional payment systems, like paper cheques. Sadly, they are increasingly more risky to consumers, which drives consumers away from realizing the efficiency and advantages of electronic payments.”
The report finds inconsistent allocation of legal risk from electronic payments transactions depending on their form, jurisdictional overlaps and gaps between federal and provincial rules and asymmetrical service provider contracts that leave consumers at a distinct disadvantage.
The report makes four key recommendations towards a universal regulatory framework that is based on principles and consumer safeguards, including: universality and consistency; functional regulation (regulating a function rather than the nature of the provider), accountability; and objectives such as social and financial inclusion.
To see the full report in English, please consult the following link.
To view the report in French, please consult the following link.
The Public Interest Advocacy Centre has received funding from Innovation, Science and Economic Development Canada’s Contributions Program for Non-profit Consumer and Voluntary Organizations. The views expressed in this report are not necessarily those of Innovation, Science and Economic Development Canada or of the Government of Canada.
For more information please contact:
John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ext. 25
jlawford@piac.ca

PIAC Research Shows Consumers Interested in Universal “Privacy Box”, More Options in Protecting Online Privacy

New PIAC Report: The Privacy Box: Enabling Consumer Choice and Meaningful Consent in Online Privacy
16 August 2017, OTTAWA – A new research report published by the Public Interest Advocacy Centre (PIAC) shows Canadians value their online privacy and would be interested in the development of a universal “Privacy Box” which would allow them to access standardized privacy settings for online services and applications.
Focus groups in English and French with internet users in Toronto and Ottawa showed many Canadians value privacy for privacy’s sake. Focus group participants were especially concerned about sharing of their information with third parties and the collection of certain types of sensitive information such as location, employment and sexual orientation. Many also felt that online tracking activities were not clearly disclosed.
“PIAC’s report shows that many consumers feel lost when it comes to their online privacy, even when many mainstream services publish privacy policies and some provide personal privacy settings,” said John Lawford, Executive Director and General Counsel to PIAC. “It is time to re-examine the effectiveness of current privacy policies and privacy tools.”
When presented with the concept of a “Privacy Box” initiative, focus group participants emphasized the importance of the right to be able to choose when to share their information and to determine how that information is used by or disclosed to third parties. They were also concerned about prohibiting the collection of information they believed was sensitive or private. Participants generally preferred a Privacy Box that was prominent, straightforward, and easy to understand, with a limited number of options.
Privacy Box Sample Design

“This research shows consumers are interested in a Privacy Box, a one-stop shop for key privacy settings and information which they could set and revisit anytime worry-free,” said Alysia Lau, Counsel, Regulatory and Public Policy to PIAC and author of the report. “All online companies should take these findings seriously.”
The report recommends the incorporation of privacy by design requirements into the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and the allocation of public funding for privacy by design initiatives. The report also recommends that the Office of the Privacy Commissioner of Canada issue guidelines on the adoption and implementation of a Privacy Box, as well as a privacy by design standard, and that it re-examine the effectiveness of current privacy tools such as privacy policies and online user terms.
“Privacy by design has a bright future in protecting personal privacy. Policy makers must recognize this and provide the support and funding these initiatives need,” added Lau. “Online privacy will remain a critical consumer issue moving forward.”

Access the full report in English here.
Access the full report in French here.

The Public Interest Advocacy Centre has received funding from Innovation, Science and Economic Development Canada’s Contributions Program for Non-profit Consumer and Voluntary Organizations. The views expressed in this report are not necessarily those of Innovation, Science and Economic Development Canada or of the Government of Canada.

For more information please contact:
John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ext. 25
jlawford@piac.ca
Alysia Lau
Barrister & Solicitor | Counsel, Regulatory and Public Policy
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ext. 38
alau@piac.ca

Articling at PIAC: Description for Social Justice Articling Positions Funded by the Law Foundation of Ontario

Description for Social Justice Articling Positions Funded by the Law Foundation of Ontario

Name and Location of Organization:
Public Interest Advocacy Centre (PIAC)
1204-ONE Nicholas Street, Ottawa, ON, K1N 7B7
For Articling Year: 2018-2019
Deadline for Application: May 23, 2017
Interviews the weeks of: May 29 and June 5, 2017
Offers will be made: June 19, 2017
Description of Organization and Areas of Law:
The Public Interest Advocacy Centre (PIAC) was federally incorporated in 1976 as a non-profit corporation in 1976 and has charitable status for tax purposes. The organization’s purpose is to provide representation, research and advocacy on behalf of those elements of the public interest that would otherwise be unable to be adequately heard before courts, tribunals, and decision-makers. PIAC has tried to focus its mandate on issues arising from the delivery of important public services including telecommunications, broadcasting, competition law, energy, financial services, and transportation. PIAC seeks to represent and advocate on behalf of ordinary consumers, in particular vulnerable consumers, concerning the rates, policies, rules and regulations associated with the delivery of these services with a view to ensuring principles of access and affordability and fair treatment for the constituencies it tries to serve.
PIAC’s work takes a variety of forms. First, the lawyers of PIAC represent organizations whose membership serves our target constituencies before boards and tribunals where the industries delivering such services are regulated, These organizations include the Canada Without Poverty (formerly NAPO), the Vulnerable Energy Consumers Coalition, the Consumers Association of Canada, the Ontario Council of Senior Citizens Organizations, National Pensioners and Senior Citizens Federation, Option consommateurs, Union des consommateurs, and Rural Dignity of Canada among others. PIAC’s most significant commitments for such representation occur before the Canadian Radio-Television and Telecommunications Commission and the Ontario Energy Board where PIAC lawyers will be full participants in administrative proceedings including the presentation of evidence, cross-examination of witnesses and the making of submissions.
Because the delivery of the public services touches upon consideration of other important legal and policy matters, PIAC has also developed expertise and is frequently involved in funded and unfunded work (approximately 20% of PIAC’s work is unfunded) representing its constituencies in competition law and practice, Foundation of Ontario electronic commerce, privacy, multilateral agreements, and general issues of consumer protection.
PIAC carries out its work outside the hearing room in numerous ways. Its extensive studies and reports associated with the above are published and distributed to policy makers and the general public through its web site. PIAC staff participate in discussions with government officials, other industry stakeholders, other public interest communities, as well as groups representing its own constituencies to attempt to secure rights, rules, policies or consensus that will advance the interests of the communities that PIAC serves. PIAC frequently attends before parliamentary and legislative committees to pursue these same goals in legislation. Finally, PIAC’s staff are active in attempting to present in the media, a coherent defense of those communities’ position when the delivery of important public services are in issue.
Description of Responsibilities:
(a) Research and writing on legal and policy issues to support studies and reports of the Centre;
(b) Research and writing to support regulatory interventions in tribunals;
(c) Assistance and attendance with PIAC counsel for tribunal work, meetings with
government officials and presentation before parliamentary committees;
(d) Participation in discussions of advocacy strategy and position with Counsel and Centre clients
Salary/benefits: $51,000 for the articling term, Medical and Dental plus paid vacation
Application includes:

Resume
Cover letter
Undergrad transcripts
Law transcripts
Letters of reference

Applications should be addressed to**:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre
Ottawa, ON, K1N 7B7
Fax No. 613 562-0007
Email to: dbrady@piac.ca
** Please note: We no longer accept faxed applications.
Students will be interviewed between the week of May 29-June 2 and the week of June 5-9, 2017 with a view to extending an offer on June 19, 2017.
Please note: A copy of your application will reside with the Organization providing the articling position, and another will stay with the Law Foundation for the purposes of statistical analysis and feedback on the program. This position has been made available through The Law Foundation of Ontario Public Interest Articling Fellowships program.

Do the Watchers Need More Watching, New Report Asks

New PIAC report “Off the Grid: Pinpointing Location-based Technologies and the Law”
OTTAWA, September 8, 2015 – Consumers need more effective privacy rules to protect the collection, use and disclosure of their location, says a new report released today by the Public Interest Advocacy Centre (PIAC). PIAC’s report, entitled “Off the Grid: Pinpointing Location-based technologies and the Law,” examined whether Canada has sufficient protections in place to address the risks posed by location-based technologies (LBTs). The report also addressed whether Canadian consumers have sufficient disclosure regarding how and when telecommunications service providers collect and use location-based personal information.
“Location is highly unique, highly identifiable, and highly personal in nature, even when anonymized and aggregated,” said John Lawford, Executive Director and General Counsel at PIAC. “Given a general lack of transparency regarding the collection, use and disclosure of personal information, it is essential that consumers have a more effective legal framework to protect them from the rapid developments in information collection technology, especially those capturing location,” Lawford continued.
One of the report’s key findings is that the current privacy protections may not be sufficient for the purposes of balancing the privacy interests of individuals against location-based marketing and the provision of location-based services. A stronger default of privacy protection for location information, as seen in Europe, may therefore be required.
The report recommended a series of measures to the Office of the Privacy Commissioner of Canada (OPC), including the strict enforcement of the “appropriate purpose” and “specific purpose” provisions of Personal Information Protection and Electronic Documents Act (PIPEDA), possible amendments to PIPEDA and further research into consumer awareness of mobile device location tracking. PIAC also recommended the Canadian Radio-television and Telecommunications Commission (CRTC) undertake a fact-finding process into the collection, use and disclosure of location information by telecommunications service providers (TSPs).
“At a minimum the OPC should produce guidance about the appropriate level of consent required for location-based information,” said Geoffrey White, External Counsel to PIAC, and the author of the report for PIAC. “In addition, a CRTC review of TSP privacy practices would inform Canadians which TSP’s collect their subscribers’ location, and who is purchasing or sharing information about subscriber location from third parties,” White concluded.

To see the full report, please consult the following link:
OCA 2014-15 – Off the Grid – Location-based technologies and the law – Final Report
To view the report in French, please consult the following link:
OCA 2014-15 – Off the Grid – Location-based technologies and the law – Final Report_FR

PIAC received funding from Industry Canada’s Contributions Program for Non-Profit Consumer and Voluntary Organizations to prepare the report. The views expressed in the report are not necessarily those of Industry Canada or the Government of Canada.

For more information please contact:
John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ×25
lawford@piac.ca
www.piac.ca
Geoff White
External Counsel to PIAC
(613) 562-4002 ×24

Passengers Need New Flight Path for Airline Complaints

New PIAC report, “Consumer Protections for Airline Passengers”
OTTAWA, August 26, 2015– In a new report released today, the Public Interest Advocacy Centre (PIAC) called for an Airline Code to champion the rights of Canadian air passengers and an Air Passenger Complaints Commissioner. The report, entitled “Consumer Protections for Airline Passengers,” examined current consumer protections and recourse options available to airline passengers in Canada and proposes new models which will strengthen consumer protection in the airline industry moving forward.
“Over 120 million Canadians choose to travel by air each year, yet the consumer protection framework for airline passengers is unclear and not always efficient or effective for consumers,” noted John Lawford, PIAC’s Executive Director and co-author of the report. “The current consumer protections for passengers need to be grounded due to a lack of transparency and promotion,” contends Lawford.
The Airline Code would be a comprehensive statement of rules applying to air travel in Canada. The proposed Code would ensure that airline passengers have the information and protection they need to make informed choices and participate effectively in the market. The proposed Air Passenger Complaints Commissioner would have a primary mandate to resolve complaints at the individual case level. The Commissioner would resolve air passenger complaints applicable to all airlines operating in Canada.
“Taken together, a future Airline Code and Air Passenger Complaints Commissioner, would clarify the rules for air travel passengers in Canada. Moreover, these measures may get the reputation of Canadian airlines out of a holding pattern, in relation to the treatment of consumer complaints, stated Jonathan Bishop, PIAC’s Research Analyst and co-author of the report.
To read PIAC’s report, please consult the following link:
PIAC, Consumer Protections for Airline Passengers – Final Report (31 March 2015)
PIAC received funding from the Canada Transportation Act Review Secretariat to prepare this report. The views expressed in the report are not necessarily those of the Secretariat, Transport Canada or the Government of Canada.

For more information please contact:
John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002×25
lawford@piac.ca
www.piac.ca
Jonathan Bishop
Research & Parliamentary Analyst
Public Interest Advocacy Centre (PIAC)
(613) 562-4002×23
jbishop@piac.ca
www.piac.ca