Lawren W. Murray

The applicants sought judicial review of an order by the Information and Privacy Commissioner requiring partial disclosure of their contracts for refurbishing a nuclear generating station under the Freedom of Information and Protection of Privacy Act.

The applicants argued the Commissioner breached procedural fairness by failing to provide a revised index of records and erred in interpreting s. 17(1) of the Act.

The Divisional Court dismissed the application, finding no breach of procedural fairness as the applicants knew the substance of the records in issue and failed to obtain the index themselves.

The Court also held the Commissioner's interpretation of s. 17(1) was reasonable and consistent with established jurisprudence prioritizing public accountability for government contracts.

The Minister of Community Safety and Correctional Services applied for judicial review of a decision by the Information and Privacy Commissioner (IPC) ordering the disclosure of dates when DNA samples were collected and reported.

The Divisional Court found that the IPC breached the duty of procedural fairness by failing to give notice of the appeal to the victims or representatives of deceased victims, whose privacy rights were engaged.

The court allowed the application and referred the matter back to the IPC for reconsideration on notice to the affected parties, to allow for a complete balancing of interests.