The Federal Court of Canada has certified a class action lawsuit commenced on behalf of more than 40,000 medical marijuana licensees alleging that Health Canada violated their privacy.
In November of 2013, Health Canada sent notices to participants of the Marijuana Medical Access Program (MMAP) to inform them about changes to the regulations governing the use of medical marijuana in Canada. These articles were delivered in large envelopes that had read “Health Canada – Marijuana Medical Access Program” on the return address, revealing to anyone who saw them that their recipients were licensed to possess or produce marijuana for medical purposes.
Previously, Health Canada’s mailings to MMAP members were discreet and made no mention of marijuana on the envelopes.
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In March 2015, the Office of the Privacy Commissioner of Canada concluded that Health Canada violated federal privacy laws. However, in the recent certification decision, the Federal Court found that the class action case is a necessary measure, as the Privacy Commissioner cannot order the Government of Canada to compensate class members harmed by the breach.
The Government has 30 days to appeal the certification decision.
McInnes Cooper, Branch MacMaster LLP, Charney Lawyers, and Sutts Strosberg LLP are jointly representing the plaintiffs in this case. They are seeking damages for breach of contract, breach of confidence, invasion of privacy and Charter violations.
“As citizens of this great country, we rely on our government to protect our sensitive personal information from being disclosed and to protect our privacy during all communications,” says Ted Charney of Charney Lawyers. “This decision sends a clear message to the government that our Courts consider privacy to be of the utmost importance and expect our government to take its privacy obligations seriously or face the consequences.”
Class members are advised to visit the group’s website to obtain updates on the case and register. Information collected on the site will assist class counsel in communicating with class members and moving the case forward.
