BC Freedom of Information and Privacy Association
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BC FIPA’s Response to Ministry Petition in IBM Contract FOI Judicial Review
BC FIPA’s response to a petition by Ministry of Citizens’ Services to the BC Supreme Court in relation to a judicial review regarding FIPA’s FOI request for the Workplace Support Agreement between the Province of BC and IBM Canada.
BC FIPA opposes all orders sought by the petitioner. The Ministry is seeking to have the adjudicator’s order reviewed by the court by arguing that s. 15 ought to have applied to prevent the release of some of the information. BC FIPA argues that the standard of review in this case is “reasonableness”. BC FIPA also submits that the reasons of the adjudicator were sufficient such that they meet the standard of reasonableness and that the adjudicator’s reasons would stand regardless of the standard of review. Further, BC FIPA submits that, were the reasons insufficient, the proper remedy is to remit to the adjudicator for additional reasons.
BC FIPA’s response to a petition by Ministry of Citizens’ Services to the BC Supreme Court in relation to a judicial review regarding FIPA’s FOI request for the Workplace Support Agreement between the Province of BC and IBM Canada.
BC FIPA opposes all orders sought by the petitioner. The Ministry is seeking to have the adjudicator’s order reviewed by the court by arguing that s. 15 ought to have applied to prevent the release of some of the information. BC FIPA argues that the standard of review in this case is “reasonableness”. BC FIPA also submits that the reasons of the adjudicator were sufficient such that they meet the standard of reasonableness and that the adjudicator’s reasons would stand regardless of the standard of review. Further, BC FIPA submits that, were the reasons insufficient, the proper remedy is to remit to the adjudicator for additional reasons.