Privacy Rights -Invasion of Privacy

Florence Walker, President

Although there is no mention of the right to privacy in the Charter of Rights and Freedoms, it is implied nonetheless. The right to be let alone is a cherished one, but some aspects of this right continue to be hotly debated. Invasion of your privacy by private individuals is a tort, or civil wrong, and you can sue for any damages you suffer.

Many strata corporations continue to use a pass or master key system. If an owner does change the locks on his or her strata unit, the strata council, often through a change to the bylaws, requires that owner to file a key to the new lock with the council or strata managers. Must you provide the key -to be held by someone you do not know? It is the opinion of the legal counsel of the Association that you do not need to yield to this request or direction of a new bylaw.

Each owner who has changed the lock from the master key system must be aware that, in the case of an emergency, the lock can be broken and repaired at the owner's expense. If there is any question that a true emergency cannot be proven, the council or management can be held liable.

We always hope that it will never progress to this extent but the Supreme Court of Canada has stated that section 8 of the charter, which guarantees the right to be secure from unreasonable search, is meant to protect individuals from unjustified intrusion upon their privacy.

Before you moved into your condominium home, would you have given your key to the neighbour down the street to be used in case of an emergency? Of course not!