Is the Proceeds of Crime (Money Laundering) and Terrorist Financing Act Unconstitutional?

Today the office of the privacy commissioner announced that The Standing Senate Committee on Banking, Trade and Commerce has been asked to review the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

The previous government when asked about the necessity of the act in June of 2000 concluded that indeed the legislation was necessary; however “it is still important to ask whether it is possible to mitigate the privacy implications of the legislation.”

The Office of the Privacy Commissioner today stated three questions that arise when considering this act:

1. How serious are the problems the legislation is intended to address
2. Is the legislation effective
3. Are the proposed changes necessary

After review the privacy commissioner’s office concluded that “The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is an inherently intrusive Act that is at odds with the protection of privacy” and questions the constitutionality of the current regime, specifically pointing out search and seizer requirements and violations of the Charter.

Full text of the Privacy Commissioners findings can be found here.

Tagged as: pipeda, Privacy, Security