Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31755
Privacy Commissioner of Canada v. Blood Tribe Department of Health
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-07-22 | Appeal closed | |
| 2008-07-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-07-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-07-17 |
Judgment on the appeal rendered, CJ Bi De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-147-05, 2006 FCA 334, dated October 18, 2006, heard on February 21, 2008, is dismissed with costs in this Court. Dismissed, costs in this Court only |
|
| 2008-03-10 | Transcript received, (94 pages) | |
| 2008-02-21 | Judgment reserved OR rendered with reasons to follow | |
| 2008-02-21 | Intervener's condensed book, Submitted in Court (14 copies) | Advocates' Society |
| 2008-02-21 | Intervener's condensed book, Submitted in Court (14 copies) | Federation of Law Societies of Canada |
| 2008-02-21 | Intervener's condensed book, Submitted in Court (14 copies) | New Brunswick Office of the Ombudsman |
| 2008-02-21 | Intervener's condensed book, Submitted in Court (14 copies) | Information and Privacy Commissioner of Alberta |
| 2008-02-21 | Intervener's condensed book, Submitted in Court (14 copies) | Information and Privacy Commissioner of British Columbia |
| 2008-02-21 | Respondent's condensed book, Submitted in Court (14 copies) | Blood Tribe Department of Health |
| 2008-02-21 | Appellant's condensed book, Submitted in Court (14 copies) | Privacy Commissioner of Canada |
| 2008-02-21 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-02-21 |
Hearing of the appeal, 2008-02-21, CJ Bi De F Abe Cha Ro Judgment reserved |
|
| 2008-02-18 | Correspondence received from, Steven Welchner dated Feb. 18, 2008. Re: Will be filing a condensed book | Privacy Commissioner of Canada |
| 2008-02-11 | General proceeding, Additional authority McKinney v. University of Guelph (14 copies) | Blood Tribe Department of Health |
| 2008-02-08 | Correspondence received from, Borden Ladner Gervais re: BCIPC and ONIPC have different counsel, changed made to parties info | Information and Privacy Commissioner of British Columbia |
| 2008-02-08 | Notice of appearance, Daniel Brunet, Marlys Edwardh and Diane Therrien will be present at the hearing. | Information Commissioner of Canada |
| 2008-02-08 | Notice of appearance, Benjamin Zarnett and Julie Rosenthal will be present at the hearing. | Advocates' Society |
| 2008-02-07 | Notice of appearance, Christopher Rupar will be present at the hearing. | Attorney General of Canada |
| 2008-02-06 | Notice of appearance, William Challis, Stephen McCammon and Susan Ross will be present at the hearing. | Information and Privacy Commissioner of British Columbia |
| 2008-02-06 | Notice of appearance, Gary Befus, Ken McLeod and Eugene Creighton will be present at the hearing. | Blood Tribe Department of Health |
| 2008-02-04 | Notice of appearance, Christian Whalen will be present at the hearing. | New Brunswick Office of the Ombudsman |
| 2008-02-04 | Notice of appearance, Ritu Khullar and Vanessa Cosco will be present at the hearing. | Information and Privacy Commissioner of Alberta |
| 2008-01-29 | Notice of appearance, Bruce MacIntosh, Garner Groome and Angus Gibbon will be present at the hearing. | Federation of Law Societies of Canada |
| 2008-01-17 |
Order by, Ba, FURTHER TO THE ORDER dated November 1, 2007, in which Bastarache J. granted leave to intervene to the Attorney General of Canada, the Information Commissioner of Canada, the Information and Privacy Commissioner for the Province of British Columbia and the Information and Privacy Commissioner for the Province of Ontario, the New Brunswick Office of the Ombudsman, the Information and Privacy Commissioner of Alberta, the Canadian Bar Association, the Federation of Law Societies of Canada and the Advocates Society; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2008-01-14 | Notice of appearance, Mahmud Jamal and Craig Lockwood will be present at the hearing. | Canadian Bar Association |
| 2008-01-14 | Intervener's book of authorities, Completed on: 2008-01-14 | Advocates' Society |
| 2008-01-14 | Intervener's factum, Completed on: 2008-01-14 | Advocates' Society |
| 2008-01-14 | Intervener's book of authorities, Completed on: 2008-01-14 | Information and Privacy Commissioner of British Columbia |
| 2008-01-14 | Intervener's factum, (joint), Completed on: 2008-01-14 | Information and Privacy Commissioner of British Columbia |
| 2008-01-14 | Intervener's book of authorities, Completed on: 2008-01-14 | Information Commissioner of Canada |
| 2008-01-14 | Intervener's factum, Completed on: 2008-01-14 | Information Commissioner of Canada |
| 2008-01-14 | Correspondence received from, Mr. Jamal re: request for oral arguments | Canadian Bar Association |
| 2008-01-11 | Intervener's book of authorities, (service rec'd Jan. 14/08), Completed on: 2008-01-14 | Federation of Law Societies of Canada |
| 2008-01-11 | Intervener's factum, (service rec'd Jan. 14/08), Completed on: 2008-01-14 | Federation of Law Societies of Canada |
| 2008-01-11 | Intervener's book of authorities, Completed on: 2008-01-11 | Canadian Bar Association |
| 2008-01-11 | Intervener's factum, Completed on: 2008-01-14 | Canadian Bar Association |
| 2008-01-10 | Intervener's book of authorities, Completed on: 2008-01-10 | Attorney General of Canada |
| 2008-01-10 | Intervener's factum, Completed on: 2008-01-14 | Attorney General of Canada |
| 2008-01-10 | Intervener's book of authorities, Completed on: 2008-01-10 | New Brunswick Office of the Ombudsman |
| 2008-01-10 | Intervener's factum, Completed on: 2008-01-14 | New Brunswick Office of the Ombudsman |
| 2008-01-09 | Intervener's book of authorities, (Vol. I to IV), Completed on: 2008-01-09 | Information and Privacy Commissioner of Alberta |
| 2008-01-09 | Intervener's factum, Completed on: 2008-01-09 | Information and Privacy Commissioner of Alberta |
| 2008-01-02 | Notice of appearance, Steven Welchner & Patricia Kosseim will be present at the hearing | Privacy Commissioner of Canada |
| 2007-12-05 | Notice of hearing sent to parties | |
| 2007-12-05 |
Appeal hearing scheduled, 2008-02-21 Judgment reserved |
|
| 2007-11-01 | Letter sent to Intervener(s) | |
| 2007-11-01 | Order on motion for leave to intervene | |
| 2007-11-01 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Information Commissioner of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages. The motion for leave to intervene of the applicant, the Information and Privacy Commissioner for the Province of British Columbia and the Information and Privacy Commissioner for the Province of Ontario, is granted and the applicant shall be entitled to serve and file a single joint factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the New Brunswick Office of the Ombudsman, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Information and Privacy Commissioner of Alberta, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Canadian Bar Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages. The motion for leave to intervene of the applicant, the Federation of Law Societies of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages. The motion for leave to intervene of the applicant, the Advocates Society, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. To the extent that the interests are similar, interveners shall consult to avoid repetition. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2007-11-01 | Submission of motion for leave to intervene, Ba | |
| 2007-10-17 | Respondent's book of authorities, Completed on: 2007-10-17 | Blood Tribe Department of Health |
| 2007-10-17 | Respondent's factum, Completed on: 2007-10-17 | Blood Tribe Department of Health |
| 2007-09-13 | Appeal perfected for hearing | |
| 2007-08-27 | Response to the motion for leave to intervene, (Letter Form), (will not be responding to the motions to intervene), Completed on: 2007-08-27 | Blood Tribe Department of Health |
| 2007-08-24 | Response to the motion for leave to intervene, (Letter Form), will not be filing any responses to the motions for leave to intervene, Completed on: 2007-08-24 | Privacy Commissioner of Canada |
| 2007-08-16 | Motion for leave to intervene, Completed on: 2007-08-16 | Canadian Bar Association |
| 2007-08-16 | Motion for leave to intervene, Completed on: 2007-08-16 | Advocates' Society |
| 2007-08-16 | Motion for leave to intervene, (request to file a joint factum of 30 pages and 20 min. for argument - 2nd affidat David Loukidelis), Completed on: 2007-08-16 | Information and Privacy Commissioner of British Columbia |
| 2007-08-16 | Motion for leave to intervene, (no time for oral arguments requested), Completed on: 2007-08-16 | New Brunswick Office of the Ombudsman |
| 2007-08-16 | Motion for leave to intervene, Completed on: 2007-08-16 | Information Commissioner of Canada |
| 2007-08-16 | Motion for leave to intervene, Completed on: 2007-08-16 | Federation of Law Societies of Canada |
| 2007-08-16 | Motion for leave to intervene, Completed on: 2007-08-16 | Attorney General of Canada |
| 2007-08-15 | Motion for leave to intervene, Completed on: 2007-08-15 | Information and Privacy Commissioner of Alberta |
| 2007-07-30 | Order on motion to extend time | |
| 2007-07-30 |
Decision on motion to extend time, Reg, to serve and file the respondent's record, factum and book of authorities to October 17/07 Granted |
|
| 2007-07-30 | Submission of motion to extend time, Reg | |
| 2007-07-24 | Response to motion to extend time, Completed on: 2007-07-24 | Privacy Commissioner of Canada |
| 2007-07-24 | Motion to extend time, to file the respondent's factum, record and boook of authorities to Oct. 17/07, Completed on: 2007-07-24 | Blood Tribe Department of Health |
| 2007-07-19 | Appellant's book of authorities, Completed on: 2007-07-19 | Privacy Commissioner of Canada |
| 2007-07-19 | Appellant's record, Completed on: 2007-07-19 | Privacy Commissioner of Canada |
| 2007-07-19 | Appellant's factum, Completed on: 2007-07-19 | Privacy Commissioner of Canada |
| 2007-05-03 | Correspondence received from, Welchner Law Office dated May 3/07 re: Leave to Intervene should be expected (rec'd by fax) | Privacy Commissioner of Canada |
| 2007-04-27 | Correspondence received from, Walsh Wilkins Creighton re: we should expect leave to intervene in this case (rec'd by fax - original rec'd May 4/07) | Blood Tribe Department of Health |
| 2007-04-27 | Notice of appeal, Completed on: 2007-04-27 | Privacy Commissioner of Canada |
| 2007-04-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-04-02 | Judgment on leave sent to the parties | |
| 2007-03-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-147-05, 2006 FCA 334, dated October 18, 2006, is granted. Granted |
|
| 2007-02-19 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-02-01 | Applicant's reply to respondent's argument, Completed on: 2007-02-01 | Privacy Commissioner of Canada |
| 2007-01-25 | Respondent's response on the application for leave to appeal, Completed on: 2007-01-25 | Blood Tribe Department of Health |
| 2006-12-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-12-13 | Book of authorities | Privacy Commissioner of Canada |
| 2006-12-13 | Application for leave to appeal, Completed on: 2006-12-13 | Privacy Commissioner of Canada |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Privacy Commissioner of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Blood Tribe Department of Health | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
| Information Commissioner of Canada | Intervener | Active |
| New Brunswick Office of the Ombudsman | Intervener | Active |
| Information and Privacy Commissioner of British Columbia | Intervener | Active |
| Information and Privacy Commissioner of Ontario | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Information and Privacy Commissioner of Alberta | Intervener | Active |
Counsel
Party: Privacy Commissioner of Canada
Counsel
Patricia Kosseim
6274 Elkwood Drive
Ottawa, Ontario
K4P 1M9
Telephone: (613) 821-6100
FAX: (866) 234-3659
Email: steven@welchnerlaw.ca
Party: Blood Tribe Department of Health
Counsel
Ken McLeod
Eugene Creighton, Q.C.
2800, 801 - 6th Avenue South West
Calgary, Alberta
T2P 4A3
Telephone: (403) 267-8474
FAX: (403) 264-9400
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of Canada
Counsel
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Federation of Law Societies of Canada
Counsel
Angus Gibbon
Garner A. Groome
260 - 610 East River Road
P.O. Box 368 - Stn Main
New Glascow, Nova Scotia
B2H 5E5
Telephone: (902) 752-8441
FAX: (902) 752-7810
Email: bmacintosh@macmacmac.ns.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Information Commissioner of Canada
Counsel
Diane Therrien
Marlys Edwardh
Place de Ville - Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 943-2411
FAX: (613) 947-5252
Party: New Brunswick Office of the Ombudsman
Counsel
548 York Street
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 444-4795
FAX: (506) 453-5599
Email: christian.r.whalen@gnb.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: Information and Privacy Commissioner of British Columbia
Counsel
Victoria, British Columbia
V8W 1G2
Telephone: (250) 480-7477
FAX: (250) 480-7488
Email: ser@seross.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Advocates' Society
Counsel
Jessica Kimmel
Julie Rosenthal
2400-250 Yonge St.
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: bzarnett@goodmans.ca
Agent
66 Slater Street, Suite 1900
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3666
Party: Canadian Bar Association
Counsel
Craig Lockwood
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Information and Privacy Commissioner of Alberta
Counsel
Vanessa Cosco
#101, 10426 - 81 Avenue
Edmonton, Alberta
T6E 1X5
Telephone: (780) 439-3611
FAX: (780) 439-8543
Email: rkhullar@chiverslaw.com
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: Information and Privacy Commissioner of Ontario
Counsel
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Privacy - Personal information - Privileged documents - Solicitor-client privilege - Whether the Privacy Commissioner of Canada can compel the production of documents over which a claim of solicitor-client privilege is asserted in the context of an investigation under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5.
Annette Soup was dismissed from her employment with the Blood Tribe Department of Health . Following her dismissal, Ms. Soup filed a complaint with the Privacy Commissioner, seeking access to her personal employment information after her request was denied by her employer. Part of her employment file included correspondence between the Department and its solicitors. An assistant Privacy Commissioner requested the records of the Department in very broad terms. All records were provided, save for the documents over which a claim of solicitor-client privilege was advanced. The Commissioner then ordered production of those documents, citing paragraphs 12(1)(a) and (c) of the Personal Information Protection and Electronic Documents Act. The Department of Health has refused to produce the documents and brought an application for judicial review, challenging the legality of the Commissioner’s order. The application for judicial review was dismissed, but the Federal Court of Appeal allowed the appeal, set aside the decision of the Federal Court and vacated the Commissioner’s order for production of records.
Lower court rulings
Federal Court of Canada, Trial Division
T-2222-03, 2005 FC 328
Application for judicial review of Commissioner's order for production of records dismissed
Federal Court of Appeal
A-147-05, 2006 FCA 334
Appeal allowed; Order of Mosley J. set aside; Commissioner's order for production of records vacated
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available