Young Park and Prof. Andrew Clement joined Travis Dhanraj on CBC’s Canada Tonight to discuss Canadian voter data accessibility and last week’s landmark decision by the BC Supreme Court in Liberal Party of Canada v. The Complainants, ruling that BC’s Personal Information Protection Act applies to federal political parties.
Young Park, Bill Hearn, Ron Davis and Alexander Evangelista (working with their co-counsel, Jason Herbert of DLA Piper in Vancouver), acted as counsel for the Complainants in a landmark decision by Justice G. C. Weatherill of the BC Supreme Court in Liberal Party of Canada v The Complainants, 2024 BCSC 814, ruling that BC’s Personal Information Protection Act (PIPA) applies to Canada’s federal political parties. This is the first time that a Canadian superior court has considered, and now affirmed, the constitutional validity of applying a provincial privacy law to the personal information practices of Canada’s federal political parties.
Justice Weatherill’s ruling upholds the March 1, 2022 decision of David Loukidelis, KC, acting as Delegate of the BC Office of the Information and Privacy Commissioner. Like Mr. Loukidelis, Justice Weatherill rejected the claims of the federal Liberal, Conservative and NDP parties that their privacy practices are governed solely by the Canada Elections Act (CEA), to the exclusion of provincial legislation, and that PIPA is constitutionally inapplicable to them under the doctrines of paramountcy and interjurisdictional immunity.
“The ability of an individual to control their personal information is intimately connected to their individual autonomy, dignity and privacy. These fundamental values lie at the heart of democracy,” Justice Weatherill wrote.
We congratulate the Centre for Digital Rights and our clients on this important victory for the privacy rights of voters in BC and the most recent judicial affirmation of the essential role that legislation, like PIPA, that protects individuals’ control over their personal information, plays in protecting the innate dignity and autonomy of individuals and the integrity of democracy in Canada.
Congratulations to Myriah Graves, the firm’s Director of Professional Development on her appointment to the Board of the National Association for Law Placement (NALP) for 2024-2025.
NALP is an association of more than 3000 legal career professionals who advise law students, lawyers, law offices, and law schools in North America. NALP believes all law students and lawyers should benefit from a fair and ethical hiring process, that law students and lawyers are more successful when supported by professional development and legal career professionals, and that a diverse and inclusive legal profession best serves clients and communities. NALP members work together to collect and publish accurate legal employment data and information, and champion education and standards for recruiting, professional and career development, and diversity and inclusion. For more than fifty years, NALP has played an essential role in the success of their members and the lawyers and law students they serve. To learn more about NALP please visit their website.
Last week, in honor of International Women’s Day, our firm came together and assembled 60 Welcome Kits for the Red Door Family Shelter and Interval House.
A huge thank you to everyone who came out to support at-risk women in our community and to Teodora Obradovic and Hailey Abramsky who organized this women@foglers initiative to celebrate our commitment to empowering and supporting women at the firm and in our community.
“Each one of you contributes in a meaningful way to the fabric of our firm, enriching it with diverse perspectives, skills, and experiences. Together, we form a supportive community where we can lean on each other during challenging times and celebrate our successes together. Your dedication and resilience inspire us all to continue striving for excellence and making a difference in the lives of our clients and each other.”
Karen Rosen, Partner
Congratulations to Milt Davis who was named a recipient of the 2024 Law Society Medal. Each year, the Law Society of Ontario awards the Law Society Medal to selected lawyers who have made a significant contribution to the profession. Award recipients are chosen for their outstanding career achievements and contributions to their communities.
Milt’s nomination for the award was supported by members of the firm and the litigation bar. In each of his letters of recommendation, his supporters highlighted Milt’s tireless commitment to the ideals of the profession; his significant contributions to the practice and reputation of the profession; his devotion to advocating on behalf of those members of the public whose voices would not otherwise been effectively heard; and his public dedication to combatting the scourge of anti-Semitism.
Milt will be honoured with the prestigious Law Society Medal at the annual Law Society Awards ceremony, which will be held on May 22, 2024.
On behalf of the entire firm, we congratulate Milt on this well-deserved recognition.
We’re thrilled to participate in this year’s 2SLGBTQ+ Bay Street Firm Hop once again! If you’re a law student and identify as a member of the 2SLGBTQ+ community, don’t miss this opportunity to learn about our firm. Capacity is limited and registration is on a first come basis. Please register by Thursday, March 14, 2024 via this link:
Congratulations to our Partners on being recognized as leading lawyers in the 2024 Canadian Legal LEXPERT® Directory.
Leonard Bosschart – Estate & Personal Tax Planning
Jennifer Campbell – Corporate Mid-Market
Steven A. Cygelfarb – Property Leasing
Bill Hearn – Advertising & Marketing Law
Katherine Hensel – Aboriginal Law
Eric Hoffstein – Estate & Personal Tax Planning and Estate Litigation
David Levangie – Corporate Commercial Litigation and Lawyers to Watch
Ken Movat – Construction Law
Bill Taggart – Aboriginal Law
Mary Wahbi – Estate & Personal Tax Planning
Vickie Wong – Banking & Financial Institutions
Each lawyer was selected based upon a comprehensive annual survey, ongoing since 1994. They are acknowledged as leaders in their respective fields and are prominent lawyers in their practice areas.
In celebration of Black History Month, our firm had the pleasure of learning from Chef Deon King, founder and CEO of King Catering and enjoying his fabulous Caribbean cuisine.
On February 9, 2024, the SCC released its decision in Attorney General of Québec, et al. v. Attorney General of Canada, et al., an appeal of a Quebec reference case relating to the constitutionality of An Act respecting First Nation, Inuit and Metis children, youth and families (the “FederalAct“).
Katherine Hensel and Kristie Tsang of Fogler, Rubinoff LLP acted for the intervener, Inuvialuit Regional Corporation (IRC), offering an Inuit and territorial perspective to the legal issues before the SCC. The Court upheld the Federal Act in its entirety as constitutional, including the Federal Act’s:
imposition of national standards in the delivery of child and family services;
acknowledgement and affirmation of Indigenous Governing Bodies’ inherent right to self-government and legislative authority over children and family service;
designation of Indigenous laws as having the force of federal law; and
declaration of the paramountcy of the Indigenous laws over provincial laws, in the case of inconsistency.
This is a successful result for IRC’s child wellbeing law, Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, which will ensure that Inuvialuit children, youth, and families are supported wherever they live, for the benefit of Inuvialuit and Inuvialuit culture, and to mitigate and prevent the documented harm caused by non-Inuvialuit and non-Indigenous child welfare practices. This is also welcome news for our Indigenous clients currently engaged in developing their own child wellbeing laws or participating in coordination agreement discussions.
While the SCC refrained from commenting directly on the existence, scope, and extent of a s. 35 Aboriginal right to self-government, it confirmed that it remains open to Parliament to do so and act in accordance with that position. Stay tuned for an article on what this means going forward for Indigenous governing bodies and the child and family services sector
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