The communications and data stored or transiting this system may be, for
any lawful Government purpose, monitored, recorded, and subject to audit or investigation.
Not exact matches
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further
lawful action by the public or any
government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest;
Purposes of this Act: 2 The
purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper
purpose.
One of those circumstances is if the disclosure is «made to a
government institution... that has made a request for the information, identified its
lawful authority to obtain the information and indicated that... (ii) the disclosure is requested for the
purpose of... carrying out an investigation related to the enforcement of any such law [of Canada, a province or a foreign jurisdiction]...» (emphasis added).
In other words, the LCAC exists solely for the
purpose of inducing
governments in Canada to fulfill their
lawful obligations as set out in the ratifying legislation and to honour the undertakings they have made pursuant to the affirmation and recognition of these rights in s. 35 of the Constitution Act, 1982.
However, under section 7 (3)(c. 1) of PIPEDA, the
government institution must identify its
lawful authority to obtain the information, and the request must be made for the
purpose of enforcing a law, carrying out an investigation or gathering intelligence.