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34890

Information and Privacy Commissioner, et al. v. United Food and Commercial Workers, Local 401, et al.

(Alberta) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-11-06 Appeal closed
2014-10-30 Order on miscellaneous motion, (BY THE CHIEF JUSTICE)
2014-10-30 Decision on miscellaneous motion, CJ, UPON APPLICATION by the appellant, the Attorney General of Alberta, for an order extending the suspension of the declaration of invalidity of the Personal Information Protection Act, S.A. 2003 c. P-6.5, as granted in this appeal on November 15, 2013, for a period of six months;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted without costs. The suspension of the declaration of invalidity is extended for a period of six months from the original deadline set by this Court in the judgment dated November 15, 2013.
Granted, without costs
2014-10-30 Submission of miscellaneous motion, CJ
2014-10-15 Reply to miscellaneous motion, Completed on: 2014-10-15 Attorney General of Alberta
2014-10-10 Response to miscellaneous motion, (Book Form), Completed on: 2014-10-10, (Electronic version filed on 2014-10-10) United Food and Commercial Workers, Local 401
2014-10-01 Response to miscellaneous motion, by e-mail, Completed on: 2014-10-01 Information and Privacy Commissioner
2014-09-30 Notice of miscellaneous motion, (Book Form), Motion extending the suspension of the declaration of invalidity (proof of service missing - received October 1, 2014), Completed on: 2014-10-01 Attorney General of Alberta
2013-11-18 Formal judgment sent to the registrar of the court of appeal and all parties
2013-11-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-11-15 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0211AC, 2012 ABCA 130, dated April 30, 2012, heard on June 11, 2013, is substantially dismissed with costs awarded to the respondent throughout.
The Personal Information Protection Act, S.A. 2003, c. P-6.5, is declared invalid. The declaration of invalidity is suspended for a period of 12 months. Rather than sustain the constitutional exemption ordered by the Court of Appeal, the adjudicator’s order is quashed.
The constitutional questions are answered as follows:
1. Do the Personal Information Protection Act, S.A. 2003, c. P-6.5 and the Personal Information Protection Act Regulation, Alta Reg. 366/2003 violate s. 2(b) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike?
Yes.
2. If so, is the infringement a reasonable limit prescribed by law, which can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
No.
Dismissed, with costs
2013-06-24 Transcript received, (144 pages)
2013-06-11 Judgment reserved OR rendered with reasons to follow
2013-06-11 Intervener's condensed book, Submitted in Court (14 copies) Information and Privacy Commissioner of Ontario
2013-06-11 Respondent's condensed book, Submitted in Court (14 copies) United Food and Commercial Workers, Local 401
2013-06-11 Appellant's condensed book, Submitted in Court (14 copies) Attorney General of Alberta
2013-06-11 Appellant's condensed book, Submitted in Court (14 copies) Information and Privacy Commissioner
2013-06-11 Acknowledgement and consent for video taping of proceedings, From all parties
2013-06-11 Hearing of the appeal, 2013-06-11, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment rendered
2013-06-06 Notice of appearance, William Challis will be present at the hearing. Information and Privacy Commissioner of Ontario
2013-06-05 Notice of appearance, Lindsay Lyster will be appearing British Columbia Civil Liberties Association
2013-06-05 Notice of appearance, David Williams and Kristan McLeod will be appearing and Mr. Williams will be speaking Alberta Federation of Labour
2013-06-05 Notice of appearance, Mahmud Jamal, Patricia Kosseim, Regan Morris, and Kirk Shannon will be present at the hearing. Mr. Jamal will present oral submissions. Privacy Commissioner of Canada
2013-06-04 Notice of appearance, Patricia D.S. Jackson and Sarah Whitmore will be appearing and Ms Jackson will be speaking Canadian Civil Liberties Association
2013-06-04 Order by, Ro, FURTHER TO THE ORDER dated April 30, 2013, granting leave to intervene to the Privacy Commissioner of Canada, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario, the Coalition of British Columbia Businesses and Merit Canada, the Information and Privacy Commissioner of British Columbia and the Alberta Federation of Labour;
IT IS HEREBY FURTHER ORDERED THAT the Privacy Commissioner of Canada, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario and the Alberta Federation of Labour are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal;
IT IS HEREBY FURTHER ORDERED THAT the Coalition of British Columbia Businesses and Merit Canada and the Information and Privacy Commissioner of British Columbia are not permitted to present oral argument at the hearing of the appeal;
AND IT IS HEREBY FURTHER ORDERED THAT the appellants will each have thirty (30) minutes to present oral argument at the hearing of the appeal.
Allowed in part
2013-06-03 Correspondence received from, 4 reserved seats requested Information and Privacy Commissioner of British Columbia
2013-05-29 Notice of appearance, Roderick Wiltshire will be present at the hearing. Attorney General of Alberta
2013-05-28 Notice of appearance, Sean Gaudet will be present at the hearing. Attorney General of Canada
2013-05-28 Notice of appearance, Vanessa Cosco and Gwen Gray, Q.C. will be present at the hearing. Ms. Gray will present oral submissions. United Food and Commercial Workers, Local 401
2013-05-28 Notice of appearance, Rochelle Fox and Sara Weinrib will be present at the hearing. Attorney General of Ontario
2013-05-28 Notice of appearance, Glenn Solomon, Q.C. and Robert W. Armstrong will be present at the hearing and will present oral submissions. Information and Privacy Commissioner
2013-05-27 Appeal perfected for hearing
2013-05-24 Correspondence received from, Vanessa Cosco by fax, re: opposes the request for additional time for oral argument at the hearing by the appellant (IPC) United Food and Commercial Workers, Local 401
2013-05-23 Correspondence received from, Glenn Solomon, Q.C. by fax, re: will not be applying for leave to file a reply Factum to the Interveners' facta; requests additional time for oral argument at the hearing. Information and Privacy Commissioner
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Coalition of British Columbia Businesses and Merit Canada
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Coalition of British Columbia Businesses and Merit Canada
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Information and Privacy Commissioner of British Columbia
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Information and Privacy Commissioner of British Columbia
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Canadian Civil Liberties Association
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Canadian Civil Liberties Association
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Alberta Federation of Labour
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Alberta Federation of Labour
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 British Columbia Civil Liberties Association
2013-05-21 Intervener's factum, Completed on: 2013-05-21 British Columbia Civil Liberties Association
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Privacy Commissioner of Canada
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Privacy Commissioner of Canada
2013-05-21 Respondent's book of authorities, Completed on: 2013-05-21 United Food and Commercial Workers, Local 401
2013-05-21 Respondent's factum, Completed on: 2013-05-21 United Food and Commercial Workers, Local 401
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Information and Privacy Commissioner of Ontario
2013-05-21 Intervener's factum, Completed on: 2013-05-21 Information and Privacy Commissioner of Ontario
2013-05-21 Correspondence received from, Rochelle Fox dated May 21, 2013. Re: Requesting 10 minutes of oral argument. Attorney General of Ontario
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Attorney General of Ontario
2013-05-21 Intervener's factum - AG on constitutional question, Completed on: 2013-05-21 Attorney General of Ontario
2013-05-21 Intervener's book of authorities, Completed on: 2013-05-21 Attorney General of Canada
2013-05-21 Intervener's factum - AG on constitutional question, Completed on: 2013-05-21 Attorney General of Canada
2013-05-16 Notice of withdrawal, re: the attorney general of British-Columbia withdraws its intervention in this appeal Attorney General of British Columbia
2013-05-14 Correspondence received from, Naming of Agent Privacy Commissioner of Canada
2013-05-10 Correspondence received from, 5 reserved seats requested United Food and Commercial Workers, Local 401
2013-05-10 Order on motion for leave to intervene, (by ROTHSTEIN J.)
2013-05-10 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Retail Council of Canada and the Canadian Chamber of Commerce for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Retail Council of Canada and the Canadian Chamber of Commerce is dismissed
Dismissed
2013-05-10 Submission of motion for leave to intervene, Ro
2013-05-09 Reply to the motion for leave to intervene, Completed on: 2013-05-09 Retail Council of Canada and Canadian Chamber of Commerce
2013-05-08 Correspondence received from, Lindsay M. Lyster dated May 8/13 re: Sack Goldblatt will act as agent British Columbia Civil Liberties Association
2013-05-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2013-05-06 Attorney General of Alberta
2013-05-06 Response to the motion for leave to intervene, (Letter Form), Completed on: 2013-05-06 Information and Privacy Commissioner
2013-05-02 Correspondence received from, Jeffrey Beedell dated May 2, 2013. Re: Errors to pages 36-38 in the appellant's factum (Sent to the Court on May 3, 2013) Information and Privacy Commissioner
2013-04-30 Correspondence received from, 3 reserved seats requested Information and Privacy Commissioner
2013-04-30 Motion for leave to intervene, (Book Form), (three affidavits of service rcv'd May 1/13), Completed on: 2013-05-01 Retail Council of Canada and Canadian Chamber of Commerce
2013-04-30 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2013-04-30 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Privacy Commissioner of Canada, the Canadian Association of Counsel to Employers, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario, the Coalition of British Columbia Businesses and Merit Canada, the Information and Privacy Commissioner of British Columbia, the Alberta Federation of Labour and Elizabeth Bernard for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Privacy Commissioner of Canada, the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario, the Coalition of British Columbia Businesses and Merit Canada, the Information and Privacy Commissioner of British Columbia and the Alberta Federation of Labour are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before May 21, 2013.
To the extent that their 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 are not 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The motions for leave to intervene of the Canadian Association of Counsel to Employers and
Elizabeth Bernard are dismissed.
Allowed in part
2013-04-30 Submission of motion for leave to intervene, Ro
2013-04-29 Reply to the motion for leave to intervene, (Letter Form), from Kristan A. Mcleod and David Williams by fax, re: reply to response filed by the Attorney General of Alberta, Completed on: 2013-04-29 Alberta Federation of Labour
2013-04-29 Reply to the motion for leave to intervene, (Letter Form), from Patricia D.S. Jackson by e-mail, Completed on: 2013-04-29 Canadian Civil Liberties Association
2013-04-25 Order by, Ro, UPON THE MATERIAL FILED having been read;
AND HAVING HEARD the parties by telephone conference on April 23, 2013;
IT IS HEREBY ORDERED THAT the deadlines for serving and filing the following materials be set as follows:
1. Any replies to motions for leave to intervene that were already brought under Rule 55 shall be served and filed no later than April 29, 2013;
2. Any persons interested in applying for leave to intervene who have not yet served and filed their motion under Rule 55, shall serve and file their motion no later than April 30, 2013;
3. The response to any motion for leave to intervene that is referred to in paragraph 2 shall be served and filed no later than May 7, 2013;
4. Any replies to the responses referred to in paragraph 3 shall be served and filed no later than May 9, 2013;
5. Attorneys general intervening on constitutional questions shall serve and file their factum and book of authorities no later than May 21, 2013;
6. All other interveners shall serve and file their factum and book of authorities no later than May 21, 2013;
7. The respondent shall serve and file its records, factums and books of authorities no later than May 28, 2013.
Granted
2013-04-22 Correspondence (sent by the Court) to, all parties advising of a case management conference call
2013-04-22 Reply to the motion for leave to intervene, (Letter Form), from Kristan Mcleod and David Williams by fax, re: reply to response filed by IPC, Completed on: 2013-04-22 Alberta Federation of Labour
2013-04-22 Reply to the motion for leave to intervene, (Letter Form), from Lindsay Lyster by fax, Completed on: 2013-04-22 British Columbia Civil Liberties Association
2013-04-22 Response to the motion for leave to intervene, (Letter Form), (to all motions for leave to intervene) from Rod Wiltshire by fax, Completed on: 2013-04-22 Attorney General of Alberta
2013-04-22 Reply to the motion for leave to intervene, (Letter Form), from Karen Jensen by fax, Completed on: 2013-04-22 Canadian Association of Counsel to Employers
2013-04-22 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2013-04-22 Elizabeth Bernard
2013-04-19 Response to the motion for leave to intervene, (to remaining motions for intervention) from Vanessa Cosco by fax, Completed on: 2013-04-19 United Food and Commercial Workers, Local 401
2013-04-19 Correspondence received from, Sean Gaudet by fax, re: written submission in response to letter of the appellant (IPC) dated April 17, 2013 Attorney General of Canada
2013-04-18 Correspondence received from, Robert E. Houston, Q.C. by e-mail, re: filing deadline for intervener facta on constitutional questions Attorney General of Ontario
2013-04-18 Reply to the motion for leave to intervene, (Letter Form), from William S. Challis by fax, Completed on: 2013-04-18 Information and Privacy Commissioner of Ontario
2013-04-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2013-04-17 Information and Privacy Commissioner
2013-04-17 Response to the motion for leave to intervene, (Letter Form), of Vanessa Cosco by fax, re: response to motion for intervention filed by Elizabeth Bernard, Completed on: 2013-04-17 United Food and Commercial Workers, Local 401
2013-04-17 Order on motion to extend time
2013-04-17 Decision on motion to extend time, to serve and file the A.G. of Alberta appellant's Book of Authorities to April 11, 2013, Reg
Granted
2013-04-17 Submission of motion to extend time, Reg
2013-04-16 Response to the motion for leave to intervene, (Letter Form), of Vanessa Cosco by fax, re: opposes motion for intervention filed by Canadian Association of Counsel to Employers, Completed on: 2013-04-16 United Food and Commercial Workers, Local 401
2013-04-16 Response to the motion for leave to intervene, (Letter Form), of Vanessa Cosco by fax, re: opposes motion for intervention filed by Information and Privacy Commissioner of Ontario, Completed on: 2013-04-16 United Food and Commercial Workers, Local 401
2013-04-16 Response to motion to extend time, (Letter Form), from Raija Pulkkinen dated Apr. 16/13, Completed on: 2013-04-16 United Food and Commercial Workers, Local 401
2013-04-15 Response to motion to extend time, (Letter Form), from Jeffrey W. Beedell dated Apr. 15/13, Completed on: 2013-04-15 Information and Privacy Commissioner
2013-04-15 Motion to extend time, to serve and file its Book of Authorities to Apr. 11/13, Completed on: 2013-04-15 Attorney General of Alberta
2013-04-15 Motion for leave to intervene, (Book Form), Completed on: 2013-04-15 Elizabeth Bernard
2013-04-12 Correspondence received from, Gowlings dated April 12, 2013. Re: Replace page 17 of volume 4 of the appellant's record (Sent to the Court on April 16, 2013) Attorney General of Alberta
2013-04-11 Appellant's book of authorities, (Book Form), Completed on: 2013-04-11 Attorney General of Alberta
2013-04-10 Intervener's book of authorities, (Book Form), Completed on: 2013-04-10 Coalition of British Columbia Businesses and Merit Canada
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Alberta Federation of Labour
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Information and Privacy Commissioner of British Columbia
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Coalition of British Columbia Businesses and Merit Canada
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Information and Privacy Commissioner of Ontario
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 British Columbia Civil Liberties Association
2013-04-10 Motion for leave to intervene, (Book Form), Completed on: 2013-04-10 Canadian Civil Liberties Association
2013-04-09 Motion for leave to intervene, (Book Form), Completed on: 2013-04-09 Canadian Association of Counsel to Employers
2013-04-09 Motion for leave to intervene, (Book Form), Completed on: 2013-04-09 Privacy Commissioner of Canada
2013-04-02 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2013-04-02 Information and Privacy Commissioner
2013-04-02 Appellant's factum, Pages 36-38 were corrected on May 3, 2013, Completed on: 2013-04-02 Information and Privacy Commissioner
2013-04-02 Appellant's factum, Completed on: 2013-04-02 Attorney General of Alberta
2013-03-27 Appellant's record, (5 volumes), Completed on: 2013-03-27 Attorney General of Alberta
2013-03-21 Correspondence received from, Vanessa Cosco by fax, re: Gwen Gray has retired from Chivers Carpenter and is no longer part of the firm but will continue to be the primary counsel for the respondent and receive correspondence at Chivers Carpenter's address and fax number. United Food and Commercial Workers, Local 401
2013-03-14 Notice of hearing sent to parties
2013-03-11 Correspondence received from, 6 reserved seats requested United Food and Commercial Workers, Local 401
2013-03-07 Appeal hearing scheduled, 2013-06-11, Early start 9:00 a.m.
Judgment rendered
2013-02-04 Notice of intervention respecting a constitutional question Attorney General of Canada
2013-02-01 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-01-29 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2012-12-19 Notice of constitutional question(s), (served Dec. 19/12) Attorney General of Alberta
2012-12-18 Order on motion to state a constitutional question, (by the CHIEF JUSTICE)
2012-12-18 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, the Attorney General of Alberta, for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. Do the Personal Information Protection Act, S.A. 2003, c. P-6.5 and the Personal Information Protection Act Regulation, Alta Reg. 366/2003 violate s. 2(b) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike?
2. If so, is the infringement a reasonable limit prescribed by law, which can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention
Granted
2012-12-18 Submission of motion to state a constitutional question, CJ
2012-12-11 Correspondence received from, Vanessa Cosco dated Dec. 11/12 re Constitutional Questions United Food and Commercial Workers, Local 401
2012-12-07 Reply to the motion to state a constitutional question, (Letter Form), from Rod Wiltshire dated Dec. 5/12, Completed on: 2012-12-07 Attorney General of Alberta
2012-12-03 Response to the motion to state a constitutional question, Completed on: 2012-12-03 United Food and Commercial Workers, Local 401
2012-11-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-11-23 Notice of appeal, Completed on: 2012-11-21 Information and Privacy Commissioner
2012-11-21 Response to the motion to state a constitutional question, Completed on: 2012-11-21 Information and Privacy Commissioner
2012-11-21 Motion to state a constitutional question, Completed on: 2012-11-21 Attorney General of Alberta
2012-11-21 Notice of appeal, Completed on: 2012-11-21 Attorney General of Alberta
2012-10-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-10-26 Judgment on leave sent to the parties
2012-10-25 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0211-AC, 2012 ABCA 130, dated April 30, 2012, are granted with costs to be determined by the panel hearing the appeals.
Granted, with costs
2012-09-17 All materials on application for leave submitted to the Judges, CJ Ro Mo
2012-09-07 Applicant's reply to respondent's argument, Second application, Completed on: 2012-09-07 Attorney General of Alberta
2012-09-06 Applicant's reply to respondent's argument, Completed on: 2012-09-06 Information and Privacy Commissioner
2012-08-28 Book of authorities, (Book Form) United Food and Commercial Workers, Local 401
2012-08-28 Respondent's response on the application for leave to appeal, (Book Form), to Second application fo the Attorney General of Alberta - CD rec'd, Completed on: 2012-08-28 United Food and Commercial Workers, Local 401
2012-08-28 Book of authorities, (Book Form) United Food and Commercial Workers, Local 401
2012-08-28 Respondent's response on the application for leave to appeal, (Book Form), to First application of the Information Privacy Commissioner - CD rec'd, Completed on: 2012-08-28 United Food and Commercial Workers, Local 401
2012-07-19 Correspondence received from, Jeffrey Beedell dated July 17, 2012. Re: Printing error in volume 2 of application - missing pages 197 to 202 Information and Privacy Commissioner
2012-06-29 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2012-06-29 Application for leave to appeal, SECOND APPLICATION, C/A order missing - Rec'd on July 19, 2012, Completed on: 2012-07-19 Attorney General of Alberta
2012-06-29 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2012-06-28 Application for leave to appeal, Volumes 1 to 2, C/A order missing - Rec'd on July 19, 2012 - Pages 197 to 202 inserted in volume 2 of the application on July 19, 2012, Completed on: 2012-07-19 Information and Privacy Commissioner

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

Main parties - Appellants
Name Role Status
Information and Privacy Commissioner Appellant Active

v.

Main parties - Respondents
Name Role Status
United Food and Commercial Workers, Local 401 Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Attorney General of Alberta Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
United Food and Commercial Workers, Local 401 Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Privacy Commissioner of Canada Intervener Active
Canadian Civil Liberties Association Intervener Active
British Columbia Civil Liberties Association Intervener Active
Information and Privacy Commissioner of Ontario Intervener Active
Coalition of British Columbia Businesses and Merit Canada Intervener Active
Information and Privacy Commissioner of British Columbia Intervener Active
Alberta Federation of Labour Intervener Active

Counsel

Party: Information and Privacy Commissioner

Counsel
Glenn Solomon, Q.C.
Rob W. Armstrong
Jensen Shawa Solomon Duguid Hawkes LLP
800-304 8 Avenue, S.W.
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1507
FAX: (403) 571-1528
Email: gsolomon@jssbarristers.ca
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Attorney General of Alberta

Counsel
Roderick Wiltshire
Attorney General of Alberta
9833 - 109 Street
Bowker Building, 4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-7145
FAX: (780) 425-0307
Email: roderick.wiltshire@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: United Food and Commercial Workers, Local 401

Counsel
Gwen J. Gray, Q.C.
Vanessa Cosco
Chivers Carpenter
101, 10426 - 81 avenue
Edmonton, Alberta
T6E 1X5
Telephone: (780) 439-3611
FAX: (780) 439-8543
Email: ggray@chiverslaw.com
Agent
Raija Pulkkinen
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com

Party: Attorney General of Canada

Counsel
Sean Gaudet
Attorney General of Canada
Public Law Section, PO Box 36, Exchange Twr.
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0392
FAX: (416) 952-4518
Email: sean.gaudet@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Rochelle Fox
Sara Weinrib
Attorney General of Ontario
720 Bay St.
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4455
FAX: (416) 326-4015
Email: rochelle.fox@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Canadian Civil Liberties Association

Counsel
Patricia D.S. Jackson
Sarah Whitmore
Torys LLP
Suite 3000, 79 Wellington Street West
P.O. Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7323
FAX: (416) 865-7380
Email: tjackson@torys.com
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Party: Privacy Commissioner of Canada

Counsel
Mahmud Jamal
Patricia Kosseim
Kirk Shannon
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Regan Morris
Office of the Privacy Commissioner of Canada
112 Kent Street
Place de Ville, Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3
Telephone: (613) 996-0086
FAX: (613) 947-4192

Party: British Columbia Civil Liberties Association

Counsel
Lindsay M. Lyster
Jessica Derynck
Moore, Edgar, Lyster
195 Alexander St.
3rd Floor
Vancouver, British Columbia
V6A 1N8
Telephone: (604) 689-4457
FAX: (604) 689-4467
Email: lindsaylyster@unionlawyers.com
Agent
Raija Pulkkinen
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com

Party: Information and Privacy Commissioner of Ontario

Counsel
William S. Challis
Information and Privacy Commissioner/Ontario
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
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Coalition of British Columbia Businesses and Merit Canada

Counsel
Andrea L. Zwack
Simon Ruel
Heenan Blaikie LLP
55 Metcalfe St.
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (604) 891-1161
FAX: (866) 297-8756
Email: azwack@heenan.ca
Agent
Perri Ravon
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5567
Email: pravon@juristespower.ca

Party: Information and Privacy Commissioner of British Columbia

Counsel
Nitya Iyer
Lovett Westmacott
200-736 Granville St.
Vancouver, British Columbia
V6Z 1G3
Telephone: (604) 684-9221
FAX: (250) 480-7455
Email: ni@lw-law.ca
Agent
Mark C. Power
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7908
FAX: (866) 296-8395
Email: mpower@heenan.ca

Party: Alberta Federation of Labour

Counsel
David Williams
Kristan McLeod
Chivers Carpenter
10426 - 81st Avenue
Suit 101
Edmonton, Alberta
T6E 1X5
Telephone: (780) 439-3611
FAX: (780) 439-8543
Email: dwilliams@chiverslaw.com
Agent
Raija Pulkkinen
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com

Summary

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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.

Charter - Freedom of expression - Privacy law - Labour relations - Administrative law - Privacy legislation prohibiting Respondent Union from collecting, using or disclosing images of individuals at or near a picket line during the course of a lawful strike - Do the Personal Information Protection Act, S.A. 2003, c. P 6.5 and the Personal Information Protection Act Regulation, Alta Reg. 366/2003 violate s. 2(b) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike? - If so, is the infringement a reasonable limit prescribed by law, which can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - What is the administrative tribunal’s role when its enabling legislation is the subject of a constitutional challenge and it does not have the power to decide the constitutional question?

The respondent union recorded video and took still photos of individuals located near and/or crossing a picket line during a lawful strike. Certain images collected by the union were subsequently placed on posters displayed at the picket line and appeared newsletters and leaflets available to union members and the public. Complaints were filed with the appellant Information and Privacy Commissioner of Alberta pursuant to the Personal Information Protection Act, S.A. 2003, c. P 6.5 (“PIPA”). An adjudicator appointed by the Privacy Commissioner held that PIPA prohibited the Union from collecting, using and disclosing such photos and recordings without the consent of the individuals in question.

Lower court rulings

June 30, 2011
Court of Queen’s Bench of Alberta

0903 05953, 2011 ABQB 415

Respondent’s application for judicial review of decision of an Adjudicator named by the Information and Privacy Commissioner, granted; declaration of invalidity issued but suspended for 12 months
April 30, 2012
Court of Appeal of Alberta (Edmonton)

1103-0211-AC, 2012 ABCA 130

Applicant Attorney General’s appeal allowed only to the extent that the remedy is varied; declaration issued that the application of PIPA to the Respondents’ activities was unconstitutional

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Date modified: 2025-02-27