ARCHIVED - Info Source Bulletin Number 30

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[1] Descôteaux v. Mierzwinski, [1982] 1S.C.R. 860, at p. 875, Lamer J.

[2] Lavallée, Rackel & Heinz v.Canada(Attorney General), [2002] 3 S.C.R. 209, 2002, SCC 61 – a provision of the Criminal Code which authorized the seizure of documents from a law office was found unreasonable within the meaning of s. 8 of the Canadian Charter of Rights and Freedoms because it permitted the automatic loss of solicitor-client privilege.

[3] R. v. McClure, [2001] 1 S.C.R. 445, p. 459.

[4] Fuda v. Ontario (Information and Privacy Commissioner) (2003), 65 O.R. (3d) 701 (Div. Ct.).

[5] Pritchard v. Ontario (Human rights Commission), [2004] 1 S.C.R. 809. At paragraph 31 Major J. stated: Procedural fairness does not require the disclosure of a privileged legal opinion. Privilege and procedural fairness may co-exist without being at the expense of the other … The concept of fairness permeates all aspects of the justice system, and important to it is the principle of solicitor-client privilege.

[6] Solosky v. The Queen, [1980] 1 S.C.R. 821, at p. 841.

[7] Supra, note 3.

[8] The opening words of the definition of "personal information" in s. 3 PA are as follows: "personal information" means information about an identifiable individual that is recorded in any form, including, without restricting the generality of the foregoing […]".

[9] Canada (Information Commissioner) v. Canada (Commissioner of the Royal Canadian Mounted Police, [2003] 1 S.C.R. 66; 3430901 Canada Inc. v. Canada (Minister of Industry), 2001 FCA 254.

[10] Subsection 34(1) of the EEA reads as follows: "Information obtained by the Commission under this Act is privileged and shall not knowingly be, or be permitted to be, communicated, disclosed or made available without the written consent of the person from whom it was obtained."

[11] Lavigne v. Canada (Office of the Commissioner of Official Languages), [2002] 2 S.C.R. 773.

[12] (2001), 213 F.T.R. 125, 2001 FCT 1202, aff'd (2002) 21 C.P.R. (4^th) 575, 2002 FCA 414.

[13] (1988), 24 F.T.R. 32 (F.C.T.D.), aff'd (1990), 107 N.R. 89 (F.C.A.).

[14] Report of the Standing Committee on Justice and Solicitor General entitled Open and Shut: Enhancing the Right to Know and the Right to Privacy.

[15] Ha v. Canada (Minister of Citizenship and Immigration), [2004] 3 F.C.R. 195, 2004 FCA 49, paras. 42 to 45.

[16] Wyeth-Ayerst Canada Inc. v. Canada (Attorney General) (2003), 241 F.T.R. 160, 2003 FCA 257.

[17] Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, para. 21.

[18] The applicant stated at the hearing that it did not intend to argue the exemptions set out in paras. 20(1)(c) and (d) of the ATIA.

[19] Canada Packers Inc. v. Canada (Minister of Agriculture), [1989] 1 F.C. 47 (C.A.), para. 13.

[20] Coopérative fédérée du Québec v. Canada (Agriculture and Agri-food) (2000), 180 F.T.R. 205 (F.C.T.D.), para. 16.

[21] Supra, footnote 2, Intercontinental Packers Ltd. v. Canada (Minister of Agriculture) (1987), 14 F.T.R. 142 (F.C.T.D.), Gainers Inc. v. Canada (Minister of Agriculture) (1987), 14 F.T.R. 133 (F.C.T.D.), aff'd (1988), 87 N.R. 94 (F.C.A.), Viandes du Breton Inc. v. Canada (Department of Agriculture and Agri-food) (2000), 198 F.T.R. 233 (F.C.T.D.).

[22] Since the access request was submitted, the Statistics Act has been amended to release the 1911 census records to the public: see S.C. 2005, c. 31, s. 1.

[23] 17. (1) Except for the purpose of communicating information in accordance with any conditions of an agreement made under section 11 or 12 and except for the purposes of a prosecution under this Act but subject to this section,

1. no person, other than a person employed or deemed to be employed under this Act, and sworn under section 6, shall be permitted to examine any identifiable individual return made for the purposes of this Act; and
2. no person who has been sworn under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in such a manner that it is possible from the disclosure to relate the particulars obtained from any individual return to any identifiable individual person, business or organization.

[24] S. 35 of the Constitution Act, 1982 provides for the recognition of existing and treaty rights of aboriginal peoples. Under s. 35, treaty rights include "rights that now exist by way of land claims agreements or may be so acquired".

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