Let me make it clear what I'm saying here:
I'm saying that for 11 months, emails specifically addressed to me at my former workplace were intercepted by someone else . . .
No, these emails, specifically addressed to me were intercepted by someone other than me, who had no legal authority to do so
The Canadian Charter of Rights and Freedoms, at section 8, protects people against unjustified intrusions on their privacy interests:
8. Everyone has the right to be secure against unreasonable search or seizure
The Criminal Code of Canada, at section 184, makes the interception of private communications a criminal offence:
184 (1) Every one who [...] wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years
As the result of an access to information request, the GNWT has provided me with information regarding hundreds of emails to my former email that they intercepted, but this personal email is most significant:
So, yeah, I'm willing to assert that the GNWT wilfully intercepted private communications
But, they didn't re-direct the personal email . . . instead they kept the personal email
In fact, they kept the personal email beyond the destruction date specified in their document retention schedule . . .
And that's how I was able to obtain a copy of the personal email 4 years later through an access to information request under the Access to Information and Protection of Privacy Act
There are no provisions allowing for the interception of the email of former employees . . . and . . . given the fact that interception of electronic communications in Canada requires a special warrant, this is not surprising
Unfortunately, when Government decides to ignore the limits imposed by legislation, remedies can be difficult to obtain
The Information and Privacy Commissioner has stated in her 2017/2018 Annual Report to the Legislative Assembly (at page 8):
"As my office has only recommendation making power, and the only recourse for an Applicant is an expensive, time-consuming and confusing appeal to the Courts, public bodies can easily avoid accountability when they refuse to follow recommendations made."
The rule of law is the principle whereby all members of a society are considered equally subject to the law, and that includes government and its people
That means all members of a society are subject to the law . . . and the law here does not provide the ability for government to secretly extend and intercept email sent to my former email account
If the interception of email without legal authority is what the Members of the Legislative Assembly of the Northwest Territories believe represents the fair and reasonable administration of government in a free and democratic society . . .
then I suggest a change is necessary
How the Government of the Northwest Territories took an alleged information breach and made it into a full-blown violation of the Canadian Charter of Rights and Freedoms