It appears that Quebec may bring a court challenge against the new Federal privacy law, PIPEDA. This is the interesting thing for the average joe:
The federal government has always argued it has the authority under the "trade and commerce" provisions of the Constitution on this matter because the privacy rules are related to commercial transactions that have an impact on foreign trade. The European Union, for example, only lets its member countries share personal customer information with other countries that meet its own privacy standards. Canada meets those standards, but a successful court challenge against the federal law could lead to a "data blockage" between Canada and the European Union that could stifle overseas e-commerce... On the other hand, if the federal law is upheld, Ottawa could use its trade and commerce powers — reinforced by a high court decision — to push through other constitutionally sensitive laws.Kind of odd. Quebec has had a private-sector law since 1993, which it feels should not be even judged as being "substantially similar" to the Federal law by Ottawa - which lets it opt out of the Federal scheme, which it has. Quebec feels the Feds do not have the jurisdiction to declare whether a provincial law is or is not valid. So if Quebec is right, e-commerce may seize through Europe flexing its new found trade muscle. If it it wrong, expect Ottawa to puch its powers and - hey - more constitutional wrangling.
Prepare to hear about this for years.

Comments
Donna - December 31, 2003 1:05 am
Ah, Quebecois politics. The province has backed out of PIPEDA but it still complains the feds shouldn't tell 'em what to do. Now that is just silly. I just filed a local story on PIPEDA's effects on business, and it sounds like many smaller businesses don't even know what's coming....
Alan - December 31, 2003 8:54 am
I've advised and presented on it since 2000 - in the Martimes much was caught theoretically by the cross border provisions. But few really care. There'll be some heavy hit sometime and hen everyone will care. I didn't think Quebec wold give a hoot, though. More to do with the constitutional division of powers than privacy.
Alan - January 5, 2004 12:31 pm
Interesting to see "retailcouncil.org" via Google show up on my refer logs in relation to this post for the search "quebec+pipeda+challenge" for which this post ranks #2.