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Archive for Volume 2, Number 26

The Tug of War Over Cross-Border Pharmaceutical Sales: What the US Wants, Canada May Not Deliver

Only days after the California State Assembly enacted a package of bills intended to contain rising prescription drug costs and make it easier for Californians to buy cheaper drugs from Canadian pharmacies, legislation has been introduced into the US Senate which, under certain conditions, would legalize drug imports from Canada. | MORE

Ontario Court Rules Videotape Surveillance Footage Does Not Constitute Collection of Personal Information Under PIPEDA

The Ontario Superior Court of Justice has ruled that the use of videotape surveillance evidence recorded by a private investigator does not constitute the collection of personal information under the Personal Information Protection and Electronic Documents Act (PIPEDA). | MORE

Tax Court of Canada Rules that Tuition Credit for “Commuting” Does Not Apply to Online Courses

The Tax Court of Canada has ruled that completing online courses through a US educational institution does not constitute “commuting” for the purpose of qualifying for Canada’s tuition tax credits. | MORE

Canadian Province Launches Probe into Cross-Border Impact of USA Patriot Act

The British Columbia Privacy Commissioner has launched an investigation into issues relating to the USA Patriot Act and the privacy of BC residents’ personal information involved in the outsourcing of public services to US-linked private sector service providers.

The US legislation permits the FBI to seize records from US companies without a court order. But the BC Privacy Commissioner believes that it is unclear whether the law could affect Canadian-based subsidiaries of US corporations that are subject to the US legislation. Specifically, could medical files relating to BC residents be seized by the US government by asserting rights against a US corporation whose Canadian-based subsidiary is a party to a BC outsourcing contract? | MORE

The Internet a Disruptive Force in Another Sector — the Gambling Industry

A mismatch between the US government attitudes on controlling gambling and the pervasive effects of the Internet have produced another legal dilemma for businesses, both domestic and foreign, that rely on the gambling industry. | MORE