Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34949
Ministry of Community Safety and Correctional Services v. Information and Privacy Commissioner
(Ontario) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-04-28 | Appeal closed | |
| 2014-04-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-04-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-04-24 |
Judgment on the appeal rendered, LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C54647, 2012 ONCA 393, dated June 4, 2012, heard on December 5, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-12-18 | Transcript received, 140 pages | |
| 2013-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-05 | General proceeding, questionnaire following hearing | Information and Privacy Commissioner |
| 2013-12-05 | General proceeding, questionnaire following hearing | Ministry of Community Safety and Correctional Services |
| 2013-12-05 | Intervener's condensed book, (Book Form), 14 copies, submitted in Court | Information Commissioner of Canada |
| 2013-12-05 | Respondent's condensed book, (Book Form), 14 copies, submitted in Court | Information and Privacy Commissioner |
| 2013-12-05 | Appellant's condensed book, (Book Form), 14 copies, submitted in Court | Ministry of Community Safety and Correctional Services |
| 2013-12-05 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2013-12-05 |
Hearing of the appeal, 2013-12-05, LeB Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-12-03 | Correspondence received from, Bill Challis re: supplemental authority | Information and Privacy Commissioner |
| 2013-12-03 | Correspondence received from, Sara Blake re: supplemental authority. | Ministry of Community Safety and Correctional Services |
| 2013-12-03 | Correspondence received from, Nadia Effendi re: error in tab 2 of supplemental authority | Information and Privacy Commissioner |
| 2013-12-02 | Supplemental document, Authorities, amended on 2013-12-03, Completed on: 2013-12-02 | Information and Privacy Commissioner |
| 2013-11-22 | Notice of appearance, Richard G. Dearden, Diane Therrien and Michael De Santis will be present (2 reserved seats) | Information Commissioner of Canada |
| 2013-11-22 | Notice of appearance, William S. Chalis and David Goodis will present | Information and Privacy Commissioner |
| 2013-11-21 | Correspondence received from, Request for 1 reserved seat | Attorney General of Canada |
| 2013-11-21 | Notice of appearance, Christine Mohr will be present at the hearing. | Attorney General of Canada |
| 2013-11-21 | Correspondence received from, Sara Blake re: 5 reserved seats | Ministry of Community Safety and Correctional Services |
| 2013-11-21 | Notice of appearance, Sara Blake, Christopher Thompson, et Nadia Laeeque will be present | Ministry of Community Safety and Correctional Services |
| 2013-09-03 | Notice of hearing sent to parties | |
| 2013-08-21 |
Appeal hearing scheduled, 2013-12-05, (previously Oct. 15/2013) Judgment reserved |
|
| 2013-08-09 |
Order by, Ro, FURTHER TO THE ORDER dated May 29, 2013, granting leave to intervene to the Information Commissioner of Canada and the Attorney General of Canada; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2013-07-24 | Intervener's book of authorities, (Book Form), CD rec'd July 31/13, Completed on: 2013-07-31 | Information Commissioner of Canada |
| 2013-07-24 | Intervener's factum, (Book Form), CD rec'd July 31/13, Completed on: 2013-07-31 | Information Commissioner of Canada |
| 2013-07-24 | Intervener's book of authorities, (Book Form), CD rec' d July 25/13 - Service rec'd July 30/13, Completed on: 2013-07-30 | Attorney General of Canada |
| 2013-07-24 | Intervener's factum, (Book Form), CD rec'd July 25/13 - Service rec'd July 30/13, Completed on: 2013-07-30 | Attorney General of Canada |
| 2013-06-19 | Correspondence received from, Mr. Challis re: clarification and new form 25B | Information and Privacy Commissioner |
| 2013-06-17 | Appeal perfected for hearing | |
| 2013-06-10 | Correspondence received from, Mr. Challis re: filing of sealed documents | Information and Privacy Commissioner |
| 2013-06-10 | Respondent's record, (Book Form), Filed in SEALED envelope + 2 redacted version, Completed on: 2013-06-10 | Information and Privacy Commissioner |
| 2013-06-10 | Respondent's book of authorities, (Book Form), Completed on: 2013-06-10 | Information and Privacy Commissioner |
| 2013-06-10 | Respondent's factum, (Book Form), Completed on: 2013-06-10 | Information and Privacy Commissioner |
| 2013-05-29 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-05-29 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Information Commissioner of Canada and the Attorney General of Canada 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 Information Commissioner of Canada and the Attorney General of Canada are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 24, 2013. 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2013-05-29 | Submission of motion for leave to intervene, Ro | |
| 2013-05-28 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2013-05-28 | Information Commissioner of Canada |
| 2013-05-23 | Response to the motion for leave to intervene, (Letter Form), from Sara Blake by fax, re: joint response to both motions for leave to intervene, Completed on: 2013-05-23 | Ministry of Community Safety and Correctional Services |
| 2013-05-23 | Reply to the motion for leave to intervene, (Letter Form), from Christine Mohr by fax, Completed on: 2013-05-23 | Attorney General of Canada |
| 2013-05-21 | Response to the motion for leave to intervene, from William S. Challis by fax, re: response to both motions for intervention, Completed on: 2013-05-21 | Information and Privacy Commissioner |
| 2013-05-21 | Correspondence received from, Sean Gaudet by fax, re: error in style of cause on their motion | Attorney General of Canada |
| 2013-05-13 | Motion for leave to intervene, (Book Form), Completed on: 2013-05-13 | Attorney General of Canada |
| 2013-05-10 | Motion for leave to intervene, (Book Form), Completed on: 2013-05-10 | Information Commissioner of Canada |
| 2013-04-15 | Appellant's book of authorities, (2 volumes), Completed on: 2013-04-15 | Ministry of Community Safety and Correctional Services |
| 2013-04-15 | Appellant's record, (3 volumes), Completed on: 2013-04-15 | Ministry of Community Safety and Correctional Services |
| 2013-04-15 | Appellant's factum, Completed on: 2013-04-15 | Ministry of Community Safety and Correctional Services |
| 2013-01-21 | Notice of appeal, Completed on: 2013-01-21 | Ministry of Community Safety and Correctional Services |
| 2012-12-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-21 | Judgment on leave sent to the parties | |
| 2012-12-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54647, 2012 ONCA 393, dated June 4, 2012, is granted without costs. Granted, without costs |
|
| 2012-11-13 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2012-09-28 | Book of authorities | Information and Privacy Commissioner |
| 2012-09-28 | Respondent's response on the application for leave to appeal, (2 volumes) volume II is SEALED (3 copies missing of Vol. II) rec'd Oct.17/12, Completed on: 2012-10-17 | Information and Privacy Commissioner |
| 2012-09-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-09-04 | Book of authorities | Ministry of Community Safety and Correctional Services |
| 2012-09-04 | Application for leave to appeal, Completed on: 2012-09-04 | Ministry of Community Safety and Correctional Services |
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
| Name | Role | Status |
|---|---|---|
| Ministry of Community Safety and Correctional Services | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Information and Privacy Commissioner | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Information Commissioner of Canada | Intervener | Active |
Counsel
Party: Ministry of Community Safety and Correctional Services
Counsel
Christopher Thompson
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Information and Privacy Commissioner
Counsel
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
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: Information Commissioner of Canada
Counsel
Diane Therrien
2600 - 160 Elgin Street
P.O. Box 466, Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0135
FAX: (613) 788-3430
Email: Richard.Dearden@gowlingwlg.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
3400 - 130 King Street West
The Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-4111
FAX: (416) 952-4518
Email: christine.mohr@justice.gc.ca
Agent
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
Summary
Keywords
None.
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.
Access to information - Access to records - Exemptions - Minister refusing to disclose records relating to location and number of sexual offenders in community - Information and Privacy Commissioner (“IPC”) ordering release of requested information - Whether IPC exercised the statutory authority under the Freedom of Information and Protection of Privacy Act (“FIPPA”) to grant a right of access for purposes that are not consistent with Christopher’s Law or with the purposes of the right of access under FIPPA - Whether the IPC erred in its interpretation of FIPPA law enforcement exemptions by applying an unreasonable standard for establishing a reasonable prediction of future harm to public safety and to the ability of police to control crime - Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, ss. 14 14(1)(e) and 14(1)(l) Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.
A request was made under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, for disclosure of a record containing a list of the first three characters of Ontario’s postal codes in one column with a second corresponding column of figures representing the number of individuals residing in each area who are listed in the Ontario Sex Offender Registry. The Ministry resisted the request based on its assertion that the information in the record may lead to the identification of the whereabouts of registered offenders. The Information and Privacy Commissioner ordered that the record be disclosed. The Divisional Court dismissed the Ministry’s application for judicial review. The Ministry obtained leave to appeal to the Court of Appeal. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
422/09
Application for judicial review dismissed.
Court of Appeal for Ontario
C54647, 2012 ONCA 393
Order of the Divisional Court upheld; appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available