Privacy law in Canada has evolved significantly over the past two decades, responding to technological changes that have made it easier than ever to capture, store, and disseminate personal information. While defamation protects a person's reputation from false statements, privacy torts address a different kind of harm: the violation of a person's reasonable expectation to be left alone and to control information about their private lives. For business owners, non-profit operators, and professionals across Canada, understanding these emerging legal concepts is essential because the line between legitimate business activity and actionable invasion of privacy can be surprisingly thin.
The common law provinces have recognized two distinct privacy torts that operate independently of statutory privacy regimes: intrusion upon seclusion and publication of private facts. These torts emerged from judicial recognition that existing legal frameworks inadequately protected individuals from certain invasions of their personal sphere. Unlike defamation, which requires proof of reputational harm, privacy torts recognize that the very act of intrusion or unauthorized disclosure can constitute a compensable wrong. Quebec, operating under its civil law tradition, approaches privacy protection differently through the Civil Code of Quebec, which enshrines privacy as a fundamental personality right. The Civil Code explicitly protects the private life of every person, establishing a framework that accomplishes similar goals through different legal mechanisms. This distinction matters because businesses operating across provincial boundaries must appreciate that privacy protection exists everywhere in Canada, though the specific rules and remedies vary by jurisdiction.