The Representative for Children and Youth has a broad mandate and is entitled to information generally relevant to child welfare

21. January 2020 0
Administrative law – Decisions reviewed – Ministry of Attorney General – Freedom of information and protection of privacy – Public body – Access to information – Judicial review – Standard of review – Unreasonableness British Columbia (Representative for Children and Youth) v. British Columbia (Attorney General), [2019] B.C.J. No. 2108, 2019 BCSC 1888, British Columbia Supreme Court, ...

Court determined that email chains that did not include the clients’ lawyers, but wherein the clients discussed the lawyers’ privileged opinions and work products, were protected by solicitor-client privilege

18. June 2019 0
Administrative law – Judicial review – Applications – Freedom of information and protection of privacy – Access to information – Solicitor-client privilege – Government Alberta (Minister of Municipal Affairs) v. Alberta (Information and Privacy Commissioner), [2019] A.J. No. 466, 2019 ABQB 274, Alberta Court of Queen’s Bench, April 17, 2019, S.N. Mandziuk J. As part of ...

Community Outreach Pharmacy Ltd. successful on an application for production of documents by the BC Minister of Health

22. November 2017 0
Administrative law – Decisions reviewed – Minister of Health – Judicial review – Practice and procedure – Discovery – Professions – Pharmacists – PharmaCare Enrollment Agreement – Access to information – Production of records Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2017] B.C.J. No. 1836, 2017 BCSC 1634, British Columbia Supreme Court, ...

The Supreme Court of Canada holds that the Prime Minister’s office, the office of the Minister of Defence, and the office of the Minister of Transport are not “government institutions” and thus not subject to the Access to Information Act

Administrative Law – Access to Information – Judicial review – Ministerial – Statutory interpretation Canada (Information Commissioner) v. Canada (Minister of National Defence), [2011] S.C.J. No. 25, 2011 SCC 25, Supreme Court of Canada, May 13, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ. The appellant, the Information Commissioner of ...

The Federal Court of Appeal overturned a lower court decision in respect of access to a legal advice memorandum commissioned by the Canadian government regarding a series of Access to Information Requests. Solicitor-client privilege was held to apply to prevent the Commissioner from accessing the memo.

26. July 2005 0
Administrative law – Freedom of information and protection of privacy – Disclosure – Access to information – Production of records – Prime Minister’s Office – Legal memorandum – Solicitor-client privilege – Judicial review – Compliance with legislation – Standard of review – Correctness Canada (Attorney General) v. Canada (Information Commissioner), [2005] F.C.J. No. 926, Federal Court of Appeal, ...

A journalist made a request under the Act Respecting Access to Documents Held by Public Bodies and the Protection of Personal Information, R.S.Q., c. A-2.1 (the “Act”) for access to a document concerning the expenses of Members of the National Assembly which described the Member’s total payroll and expenses for employing staff and paying for professional services. The Commission d’accès à l’information (the “Commissioner”) refused disclosure of the information under ss. 34 and 57 of the Act; finding that the requested document had been prepared “for” a Member and could not be disclosed under s. 34 without the Member’s consent and that the Member could not be considered to constitute a public body within the meaning of s. 57.

26. November 2002 0
Administrative law – Access to information – Production of records – Public body – Definition – Judicial review – Standard of review – Reasonableness simpliciter Macdonell v. Quebec (Commission d’accès à l’information), [2002] S.C.J. No. 71, Supreme Court of Canada, November 1, 2002, McLachlin C.J., L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. A journalist ...

The Information Commissioner issued two subpoenas compelling the Deputy Minister of the Department of Citizenship and Immigration (the “CIC”) to produce records. The Attorney General’s application to set aside the subpoenas was granted on jurisdictional basis.

26. March 2002 0
Administrative law – Judicial review – Standard of review – Questions of jurisdiction – Correctness test – Access to information – Production of records – Extension of time – Investigative bodies – Powers Canada (Attorney General) v. Canada (Information Commissioner), [2002] F.C.J. No. 177, Federal Court of Canada – Trial Division, February 6, 2002, Kelen, J. In ...