Droit À L’Oubli: Canadian Perspective on the Global ‘Right to Be Forgotten’ Debate
Eloise Gratton of Borden Ladner Gervais LLP and Jules Polonetsky have published, “Droit À L’Oubli: Canadian Perspective on the Global ‘Right to Be Forgotten’ Debate” (forthcoming in the Colorado Technology Law Journal). This paper explores whether importing a RTBF would be legal in Canada.
The authors argue that such a right may be unconstitutional in Canada: it would most likely infringe upon freedom of expression in a way that cannot be demonstrably justified under the Canadian Constitution. They also argue that the legal framework in Quebec addresses some of the privacy and reputational concerns that a RTBF is meant to address through a “public interest” test, although they acknowledge that there are some limits to this framework.