Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m S E P T E M B E R 2 0 1 8 31 more stringent than what they have in the [United] States." There are also two schools of thought in Canada's legal community on the role of Canada's federal privacy commissioner. Should the commissioner play the tra- ditional role of an ombudsman with power to advise, investigate and report? Or should they act more as a regulator with powers to make orders, obtain warrants and impose stiff fines on companies that violate the privacy of Canadians? Canada's federal privacy watchdog can bark, but it can't really bite. Therrien believes that must change. "When needed, stronger powers are required, in my view. It can start with a helping hand, giving guidance, giving advice; but when that does not work, we need as many other privacy commissioners and data protection authorities across the world, we need to have enforcement pow- ers and order making and fines to ensure that the privacy rights of Canadians are respected." Therrien says the privacy commission- er should also have the power to inspect the practices of companies and govern- ments as well as the U.K. information com- missioner's power to raid a company and force it to hand over its files, "with a view to ensuring that practices do actually comply with the law in the context where technol- ogy is complex and business models are opaque and difficult to understand." Therrien adds, "Therefore, there needs to be someone acting for citizens and con- sumers with better information than most citizens and consumers to ensure that the law is not a theoretical exercise but actually being respected in practice." Testifying in May before the House of Commons Standing Committee on Access to Information, Privacy and Ethics, Den- ham echoed that call. "I would say that the Canadian Privacy commissioner's powers have fallen behind the rest of the world," she says. "So, having order-making power, hav- ing the ability to levy administrative penal- ties, civil monetary penalties and certainly even [the] ability to seize material and to act quickly I think are really important when we're dealing with global data com- panies and fast-paced investigations." Denham, who has been at the fore- front of the international investigation into Cambridge Analytica, said her own offices' powers needed to be strengthened during the investigation. "Government has moved really quickly and tabled amendments . . . to provide us with even more powers of no-notice inspections, streamlined warrants, the ability to make emergency orders and also criminal sanctions for destruction of records and information," Denham says. The other school of thought, however, fears that moving from an ombudsman to a regulator model would stifle innovation and economic development. "If we have an ability to fine without first having that dialogue with the orga- nization, my concern is that given that our laws are so flexible, companies will be concerned with getting fined," says Grat- ton. "They will hesitate to innovate, launch new services [and] new products because © 2018 Thomson Reuters Canada Limited 00251NU-A92273-CM Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 Order # L7798-8631-65203 $149 Softcover + CD-ROM approx. 400 pages May 2018 978-0-7798-8631-9 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Gain an up-to-date understanding of how the Citizenship Act works, how it has been applied, and what principles of law are relevant to making determinations. New in this edition Completely updated and revised to refl ect all noteworthy developments to the Citizenship Act since the last edition, The 2018 Annotated Citizenship Act includes: • Legislation updates, including updates to the Citizenship Act, Citizenship Regulations, Federal Courts Act, and Canadian Passport Order • Updated commentary, case law, and notes, including: – Citizenship Act, s. 3(2) - Vavilov v. Canada (Citizenship and Immigration) (2017 F.C.A.) – Citizenship Act, s. 13.1 - Canada (Minister of Citizenship and Immigration) (2017 F.C.A.) – Citizenship Act, s. 10 - Oberlander v. Canada (Attorney General) (2016 F.C.A.) – Citizenship Act, s. 27 - Canada (Minister of Citizenship and Immigration) v. Ishaq, (2015 F.C.A.) – Citizenship Act, s. 3(2) - Budlakoti v. Canada (The Minister of Citizenship and Immigration) (2015 F.C.A.) – Citizenship Act, s. 24 - McAteer v. Canada (Attorney General) (2014 Ont. C.A.) – Citizenship Act, s. 10 - Monla v. Canada (Citizenship and Immigration) (2017 F.C.) – Citizenship Act, s. 10 - Hassouna v. Canada (Minister of Citizenship and Immigration) (2017 F.C.) – Citizenship Act, s. 10 - Esnan v. Canada (Minister of Immigration, Refugees, and Citizenship) (2016 F.C.) – Citizenship Act, s. 5(1)(c) - Badiei v. Canada (Minister of Immigration, Refugees and Citizenship) (2016 F.C.) • Addition of an introduction with comprehensive discussion of the Citizenship Act covering topics such as the scheme of the Citizenship Act, oaths, updated residency requirements, the application process, lost Canadians, and summary of changes to the Citizenship Act as of June 2017, fall 2017, and early 2018 • Addition of Citizenship Regulations, No. 2, Can. Reg. 2015-124 • Addition of case citations to the Table of Cases New Edition The 2018 Annotated Citizenship Act Henry M. Goslett and Barbara Jo Caruso

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