LEGAL CASES
February 17th, 2011 2:55pm
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FIPA INTERVENES IN SUPREME COURT OF CANADA OVER LOWER COURT DECISION
THAT LEAVES FOI AND PRIVACY COMPLAINANTS WITHOUT A REMEDY
February 16, 2011 - For the first time ever, FIPA has appeared as an intervenor in the Supreme Court of Canada. The case comes out of Alberta, but has national implications.
The Alberta Court of Appeal decided 2-1 that if the Information and Privacy Commissioner did not complete a hearing within the 90-day statutory deadline (or extend the hearing within that period), the complaint is finished and the complainant is left without a legal remedy.
FIPA does not think people whose FOI or privacy rights may have been violated should lose their right to a fair, impartial hearing because of a technicality over which they have no control.
To view FIPA's factum, please see:
Click Here
FIPA’s pro bono counsel, Brent Olthuis and Tam Boyar of Hunter Litigation Chambers, appeared before the Court on February 16, 2011. We are extremely grateful for their generous service to FIPA and their support of FOI in Canada.
To view the webcast of the hearing, please see:
Click Here
The Supreme Court reserved its decision in the case.
FIPA INTERVENES IN SUPREME COURT OF CANADA OVER LOWER COURT DECISION
THAT LEAVES FOI AND PRIVACY COMPLAINANTS WITHOUT A REMEDY
February 16, 2011 - For the first time ever, FIPA has appeared as an intervenor in the Supreme Court of Canada. The case comes out of Alberta, but has national implications.
The Alberta Court of Appeal decided 2-1 that if the Information and Privacy Commissioner did not complete a hearing within the 90-day statutory deadline (or extend the hearing within that period), the complaint is finished and the complainant is left without a legal remedy.
FIPA does not think people whose FOI or privacy rights may have been violated should lose their right to a fair, impartial hearing because of a technicality over which they have no control.
To view FIPA's factum, please see:
Click Here
FIPA’s pro bono counsel, Brent Olthuis and Tam Boyar of Hunter Litigation Chambers, appeared before the Court on February 16, 2011. We are extremely grateful for their generous service to FIPA and their support of FOI in Canada.
To view the webcast of the hearing, please see:
Click Here
The Supreme Court reserved its decision in the case.
