Potential Privacy Breach Results in the Conditional Certification of a Class Action

On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program). In Doe v Her Majesty the Queen, 2015 FC 916, the plaintiffs alleged that Health Canada publicly identified them as members of the Program by mailing oversized envelopes which had the return address of the “Marihuana Medical Access Program” visible on the outside. The certified class could include the approximately 40,000 people who received these envelopes between November 12 and 15, 2013. The plaintiffs claim that these envelopes had adverse impacts on their lives, including having their neighbours and employers discover that they are participants in the Program, and causing security concerns, in that that the disclosure could potentially make them the targets of crime. The plaintiffs allege a number of causes of action, including negligence, breach of...

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http://blog.bennettjones.com/2015/08/24/potential-privacy-breach-results-conditional-certification-class-action/