Category Archives: Privacy

What is “Advice”? Supreme Court Exempts Policy Options from Access to Information Request

By: Sarah Burton 

PDF Version: What is “Advice”? Supreme Court Exempts Policy Options from Access to Information Request

Case commented on: John Doe v Ontario (Finance), 2014 SCC 36 (CanLII)

In this case, the Supreme Court of Canada considered whether certain government documents constituted “advice” under the Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31, thus exempting them from disclosure in an access to information request. In making this determination, the Court balanced two competing and important policy interests: the public’s interest in accessing government information, and the government’s interest of obtaining full and frank opinions from public servants. The Court claimed that its decision to protect public service candour was compelled by principles of statutory interpretation. A detailed examination of the case demonstrates that the judgment, while defensible, was actually less inevitable than the Court would like us to believe.

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Privacy Legislation Tangles with the Civil Litigation Process

Written by: Linda McKay-Panos

PDF Version: Privacy Legislation Tangles with the Civil Litigation Process

Case commented on:Calgary Board of Education v Alberta (Office of the Information and Privacy Commissioner), 2014 ABQB 189

A recent Court of Queen’s Bench decision demonstrates the intricacies of public bodies holding personal information and seeking to use that information in unrelated legal proceedings.

Harold McBain was formerly employed by the Calgary Board of Education (CBE). He was the subject of harassment complaints in 2003, which were settled. In 2007, Mr. McBain was called as a witness in an unrelated proceeding at the Board of Reference (an appeal process that addresses terminations and suspensions of teachers). The CBE sought to use documents and information related to the 2003 harassment complaints in 2007 in order to attack Mr. McBain’s credibility. The Board of Reference ordered that these documents, which had been obtained by the CBE from one of its human resources employees, be fully disclosed to all other parties in the 2007 matter.

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Orders for Genetic Testing: Is the Genie Out of the Bottle?

By: Geoff S. Costeloe

PDF Version: Orders for Genetic Testing: Is the Genie Out of the Bottle?

Case commented on: Adacsi v Amin, 2013 ABCA 315

A recent decision at the Alberta Court of Appeal raises a major issue in personal injury jurisprudence. Adacsi v Amin, 2013 ABCA 315, is a precedent setting ruling that allows for the forced collection of a blood test for the purpose of determining the existence of a possible predisposition to disease.

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City of Calgary not Entitled to Disclosure of Environmental Agreement on Lynnview Ridge

PDF version: City of Calgary not Entitled to Disclosure of Environmental Agreement on Lynnview Ridge

Case Commented on: Imperial Oil Ltd v Calgary (City), 2013 ABQB 393.

Many people are concerned about what appears to be the lack of public access to government-held information. Ironically, in this case, the City of Calgary (a municipal government) is quite concerned about its lack of access to the Remediation Agreement reached between Alberta Environment and Imperial Oil Limited, which pertains to environmental remediation of lands contaminated by petroleum, hydrocarbon vapours and lead in Lynnview Ridge (a residential subdivision in Calgary).

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Publication Bans in Police Mr. Big Operations

PDF version: Publication Bans in Police Mr. Big Operations013

Case commented on: R v NRR, 2013 ABQB 302.

NRR was a youth who was being charged with two counts of second degree murder, one count of possession of stolen property, and one count of break and enter. The Crown offered into evidence statements made by NRR during a Mr. Big undercover operation.  This type of operation usually involves undercover members of the police posing as criminals, involving the suspect in what he or she thinks is a criminal gang in order to gain his or her trust and eventually obtain a confession for the actual crimes.  The accused (NRR) objected to the admission of the RCMP evidence on the basis that his rights under Charter section 7 had been violated. The Crown applied for a publication ban on identifying information about the undercover police officers who participated in the investigation. The Crown argued that the publication ban should be for three years, and NRR and the Edmonton Journal argued that the ban should only be for one year.

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