ARTICLE
18 August 2013

Another Employee Computer Privacy Case

MT
McCarthy Tétrault LLP

Contributor

McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
The case of R. v. McNeice involves a teacher with pornography on his employer-issued computer.
Canada Employment and HR

The case of R. v. McNeice involves a teacher with pornography on his employer-issued computer.  If that sounds familiar, you are probably thinking of R. v. Cole, the Supreme Court of Canada decision we reported on previously.

As noted by our colleagues in the Canadian Appeals Monitor blog, the two cases are very similar, but unfortunately the BC Court of Appeal did not take the opportunity to consider the employment issues involved.

For now then, this is just another reminder of the importance of employers having clear policies about personal use of employer-issued computers to help ensure a right of access when needed.  You can review our earlier post on R. v. Cole for more thoughts on the issue.

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