Is Canada Trying to Opt Out of the Patriot Act?
Posted by Brian Bennett
In response to concerns that the FBI can access sensitive Canadian data that the Canadian government provides to U.S. firms, a Canadian government proposal would allow Canadian government departments to cancel contracts with U.S. firms that give information about Canadians to the FBI. Draft guidelines say that the FBI can get access through U.S. firms or their affiliates to data located in Canada. Even if the Canadian government canceled a contract, though, that may not stop the U.S. government from obtaining the Canadian data. Such a cancellation could leave a firm with the choice of breaking U.S. or Canadian law, so unless Canadian law imposes severe penalties, a firm may decide it is less costly to comply with U.S. law.
The Canadian response to the Patriot Act has been responsible and has taken place at both a Federal and Provincial level. I have recently posted on this matter on my blog (www.schenklaw.ca). You will see that there is a good summary of the Canadian position on the Patriot Act on the Ontario Bar Associatio site and that the Patriot Act has been considered by the British Columbia Supreme Court.