Publications

Supreme Court broadens cyber-privacy to include IP addresses: 5 business takeaways from Bykovets

Mere hours after it was issued on March 1, 2024, the Supreme Court of Canada’s decision in Bykovets was already making rounds in the dailies and on social media, leaving no doubt that Internet privacy remains a hot topic. In a 5-4 majority decision, the Court ruled that requiring businesses to voluntarily disclose IP addresses without a production order, in the context of criminal and penal investigations, is a violation of the constitutional protection from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms.

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Maximizing Energy Project Value: How to make your project a success using collaborative models and adaptive project management

This article was written in collaboration with Arnaud Rorgiez, eng., EMBA, PMP, a partner at Strategia Conseil, and Pier-Olivier Leclerc, eng., PA LEED, a project management consultant at Strategia Conseil.

The energy sector in Québec is currently undergoing a major transformation driven by the rise of renewable energy, including solar, wind, hydro, biomethanization and green hydrogen. This evolution is of a piece with a government policy seeking to effectively promote energy transition in the province.

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The importance of Charter values in the absence of the infringement of a constitutional right or freedom

Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment)

On December 8, 2023, in its decision in Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment),1 the Supreme Court of Canada set aside ministerial decisions refusing to admit children of non-rights holder parents2 to French-language schools in the Northwest Territories. At issue was whether the Minister of Education, Culture and Employment (the “Minister”), in exercising her discretionary power regarding the enrolment of children of non‑rights holder parents in French first language education programs, should have considered the purposes and values underlying section 23 of the Canadian Charter of Rights and Freedoms (the “Charter”) even in the absence of an infringement of this right. The Supreme Court thus had to determine if the decisions made by the Minister were reasonable.

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Stock option plans in Québec: key considerations

Established companies as well as start-ups use long-term incentive plans (“LTIPs”) to attract talent, retain key employees, directors and executives (collectively, the “Beneficiaries”), and align their interests with those of shareholders. LTIPs are particularly relevant amid high competition and labour shortages. One of the most common types is the stock option plan (“SOP”), which sets out the terms and conditions of this performance incentive tool. An SOP also enables a company to retain cash to invest in its growth.

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