BC Freedom of Information and Privacy Association
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BC FIPA Intervener Factum regarding effect of Time Limits in Alberta PIPA – 26 Jan 2010
BC FIPA filed a intervener factum in the Supreme Court of Canada on January 26, 2010 in case docket 33620. This is an appeal from the Court of Appeal of Alberta (Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26 (CanLII))
BC FIPA argues that the Alberta Information and Privacy Commissioner (IPC) does not lose jurisdiction if an inquiry exceeds the prescribed time limit. The time limit exists to favour the complainant therefore the proper course for the courts is to compel the commissioner to complete the inquiry not to end it without resolution. In BC FIPA’s opinion terminating the inquiry for a breach of the time limit would be contrary to the purpose of the Alberta Personal Information Protection Act (PIPA).
Download the factum (pdf).
Update:
This case was ultimately decided in Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61 (CanLII), [2011] 3 S.C.R. 654 in favour of the Alberta IPC. The court found that a standard of reasonableness should be applied to this issue in deference to the expertise of the Commission regarding PIPA and that the Commissioner’s implicit decision to allow an extension after the prescribed time limit had elapsed was reasonable.
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BC FIPA Intervener Factum
in the Supreme Court of Canada (SCC 33620) — see Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61 (CanLII), [2011] 3 S.C.R. 654 — on Appeal from the Court of Appeal of Alberta in Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26 (CanLII)
26 January 2010
Lawyers for BC FIPA: Brent B. Olthuis, Tam C. Boyar
BC FIPA filed a intervener factum in the Supreme Court of Canada on January 26, 2010 in case docket 33620. This is an appeal from the Court of Appeal of Alberta (Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26 (CanLII))
BC FIPA argues that the Alberta Information and Privacy Commissioner (IPC) does not lose jurisdiction if an inquiry exceeds the prescribed time limit. The time limit exists to favour the complainant therefore the proper course for the courts is to compel the commissioner to complete the inquiry not to end it without resolution. In BC FIPA’s opinion terminating the inquiry for a breach of the time limit would be contrary to the purpose of the Alberta Personal Information Protection Act (PIPA).
Download the factum (pdf).
Update:
This case was ultimately decided in Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61 (CanLII), [2011] 3 S.C.R. 654 in favour of the Alberta IPC. The court found that a standard of reasonableness should be applied to this issue in deference to the expertise of the Commission regarding PIPA and that the Commissioner’s implicit decision to allow an extension after the prescribed time limit had elapsed was reasonable.
//
BC FIPA Intervener Factum
in the Supreme Court of Canada (SCC 33620) — see Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61 (CanLII), [2011] 3 S.C.R. 654 — on Appeal from the Court of Appeal of Alberta in Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26 (CanLII)
26 January 2010
Lawyers for BC FIPA: Brent B. Olthuis, Tam C. Boyar