The BC Court of Appeal struck down a New Westminster by-law that required second-hand stores and pawnshops to collect personal information on their customers to forward to the police. The BCCLA has been deeply concerned about the proliferation of these kinds of surveillance databases.

Royal City Jewellers & Loans Ltd. challenged the New Westminster by-law and we intervened on the appeal arguing that the by-law contravened provincial privacy legislation and was unconstitutional. The court didn’t have to consider the privacy and constitutional arguments as the by-law was struck down because the municipality didn’t have the authority to enact such a by-law under its governing legislation. Althought the decision is about who has the authority to do what according to statute, the court expressed a more general concern about technology-driven incursions into citizens’ privacy rights. We thank Brent Olthius, our pro bono counsel in this case.

Read the decision in Royal City Jewellers & Loans Ltd. v. The City of New Westminster.