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    • DOJ
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  • Warning
  • DOJ
  • 2015
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  • BC
  • 2007
  • Feds

The Department of Justice intercepted and retained 511 emails that were sent to my former work email after I left my employment on March 12, 2014

Of these 511 emails - here are 394 of particular interest

Note: 394 emails from 122 people

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. . . and here's why I think these 394 emails matter:

202 Emails from Securities Commissions and the Canadian Securities Administrators (CSA):

Important because:

  • many likely contain Material Non-Public Information (i.e. insider information)
  • many likely include personal information regarding registrants and market participants

Why this is a problem:

  • Persons with access to inside information regarding market participants have an unfair advantage in the operation of securities markets
  • Even the mere appearance of impropriety can seriously undermine confidence in capital markets and securities regulation

209 Emails from Lawyers and Attorneys:

Important because:

  • Lawyers (and Attorneys) have a duty to deal with each other with courtesy, good faith, and candour

Why this is a problem:

  • In the Northwest Territories, the only obligation triggered by the receipt of an email from a lawyer (or attorney) to a lawyer who was not the intended recipient is to “promptly notify the sender”
  • a lawyer (or lawyers) at the GNWT failed to meet this obligation up to 209 times

173 Emails from the United States:

 Important because:

  • Principles of international comity dictate that we respect the laws of other jurisdictions

Why this is a problem:

  • All 50 states have data breach notification laws
  • At least 35 states also have data disposal laws

The following highly redacted documents from the GNWT create the illusion that these emails were deleted in 2015 when my last contract expired:

My last GNWT contract did not say that my former work email would be extended and intercepted . . .

In fact, my last GNWT contract says nothing about email:

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While the DOJ says the interception of email was in the 'course and scope of employment' - the Information and Privacy Commissioner did not agree:

Not satisfied with the 'course and scope of employment' explanation from the DOJ - I went public regarding my former work email

The DOJ responded by threatening to bury me in paperwork and a lawsuit at NWT taxpayer expense

And they did . . . but they hid the lawsuit (now discontinued) in Alberta and immediately made an application to restrict news media access:

But their demands for my silence were not just limited to this matter of 394 emails . . .

They also wanted my complete silence on anything related in any way to my employment with the GNWT . . .

Including the fact that the Legislative Assembly of the Northwest Territories website collects visitor information:

And the fact that the Legislative Assembly automatically shares this information with third parties:

and the fact that the information collected can identify an individual's real-world identity:

But here are the facts that they seemed to want silenced most:

They do all of this without the knowledge or consent of any of the individuals involved

. . . and that they were doing a similar thing with the Department of Justice website until 2015:

2015

donn.macdougall@gmail.com

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