In the article posted July 18, 2017 we described a ground breaking decision of the Supreme Court of Canada upholding a lower court order that required Google to de-index D’s website from search results worldwide. The Supreme Court of Canada stated:
“Where it is necessary to ensure the injunction’s effectiveness, a court can grant an injunction enjoining conduct anywhere in the world. The problem in this case is occurring online and globally. The Internet has no borders — its natural habitat is global. The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates — globally. If the injunction were restricted to Canada alone or to google.ca, the remedy would be deprived of its intended ability to prevent irreparable harm, since purchasers outside Canada could easily continue purchasing from D’s websites, and Canadian purchasers could find D’s websites even if those websites were de‑indexed on google.ca.”
“Google’s argument that a global injunction violates international comity because it is possible that the order could not have been obtained in a foreign jurisdiction, or that to comply with it would result in Google violating the laws of that jurisdiction, is theoretical. If Google has evidence that complying with such an injunction would require it to violate the laws of another jurisdiction, including interfering with freedom of expression, it is always free to apply to the British Columbia courts to vary the interlocutory order accordingly.”
To bring you up to date, Google has since filed an action before the United States Courts seeking a declaratory judgment that the Canadian order is not enforceable in the United States. Most recently, a motion for a preliminary injunction was heard that enjoined the enforcement of the Canadian order in the United States pending the result of the action seeking a declaratory judgement. This motion merely preserves the “status quo” pending a decision of the United States Courts. The results of the United States action will have important ramifications. Stay tuned for future updates.