Sandra M. Anderson

The Information and Privacy Commissioner received complaints that the respondent disclosed private information in contravention of the Personal Information Protection Act.

The Commissioner took 22 months to extend the 90-day statutory time limit for completing the inquiry.

An adjudicator subsequently found the respondent had contravened the Act.

On judicial review, the respondent argued for the first time that the Commissioner lost jurisdiction by failing to extend the time limit within the initial 90 days.

The Supreme Court of Canada held that the adjudicator implicitly decided the timelines issue, and this decision was reviewable on a standard of reasonableness because the tribunal was interpreting its home statute.

The Court found the adjudicator's implied decision to be reasonable and restored the order.

The appellants challenged amendments to Alberta's Local Authorities Election Act that restricted school employees from running for election as school trustees anywhere in the province unless they took a leave of absence and resigned if elected.

They argued the amendments violated their freedom of expression under s. 2(b) and equality rights under s. 15(1) of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that the claim under s. 2(b) was for a positive right to a statutory platform, which did not meet the exceptional criteria set out in Dunmore.

The Court also found no s. 15(1) violation, as occupational status is not an analogous ground.

The applicants sought a stay of an Alberta Court of Appeal judgment that upheld legislation disqualifying school board employees from serving as school trustees.

The applicants, who were sitting trustees, applied for a stay pending their application for leave to appeal to the Supreme Court of Canada.

A single judge of the Supreme Court granted the stay on an exemption basis, allowing the currently sitting trustees to complete their terms or remain in office until the appeal is decided, finding that the RJR-MacDonald test was met and the government consented to the stay to preserve electoral integrity.