Lavigne v. Canada (Office of the Commissioner of Official Languages)

Lavigne v. Canada (Office of the Commissioner of Official Languages)

s.22(1)(b) of the Privacy Act can cover information collected in investigations that have concluded, but invocation of the exemption requires specific, case‑linked evidence establishing a reasonable expectation of injury to investigations; the Commissioner failed to discharge the burden under s.47 to show such reasonable grounds for the disputed interview notes, so disclosure was ordered; a request under s.12(1) of the Privacy Act is limited to personal information and cannot be used to compel disclosure of non‑personal information.

Citation
2002 SCC 53
Parties
Appellant; Respondent on Cross Appeal: Commissioner of Official Languages; Respondent; Appellant on Cross Appeal: Robert Lavigne; Intervener: Privacy Commissioner of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 2002
Procedural Posture
Judicial Review and Appeal Under Privacy Act and Official Languages Act / Appeal to the Supreme Court of Canada (final Judgment)
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Privacy Act S.22(1)(b) Exemption, Confidentiality of Ombudsman Investigations, Right of Access to Personal Information (s.12), Judicial Review of Discretionary Refusals (s.47), Reconciliation of Statutes
Source Language
English
Administrative Law Privacy Law Access to Information Law Official Languages Law Privacy Act S.22(1)(b) Exemption Confidentiality of Ombudsman Investigations Right of Access to Personal Information (s.12) Judicial Review of Discretionary Refusals (s.47) +1 more

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Parties

Commissioner of Official Languages

Appellant; Respondent on Cross Appeal

Robert Lavigne

Respondent; Appellant on Cross Appeal

Privacy Commissioner of Canada

Intervener

Procedural Posture

Judicial Review and Appeal Under Privacy Act and Official Languages Act / Appeal to the Supreme Court of Canada (final Judgment)

Legal Issues

  1. 1 Whether s.22(1)(b) of the Privacy Act can apply to investigations that have concluded or only to ongoing investigations
  2. 2 Whether disclosure of specific personal information could reasonably be expected to be injurious to the conduct of lawful investigations
  3. 3 Whether a request under s.12(1) of the Privacy Act can compel disclosure of non-personal information

Ratio Decidendi

s.22(1)(b) of the Privacy Act can cover information collected in investigations that have concluded, but invocation of the exemption requires specific, case‑linked evidence establishing a reasonable expectation of injury to investigations; the Commissioner failed to discharge the burden under s.47 to show such reasonable grounds for the disputed interview notes, so disclosure was ordered; a request under s.12(1) of the Privacy Act is limited to personal information and cannot be used to compel disclosure of non‑personal information.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Appeal and cross-appeal dismissed, without costs
  • Disclosure of the personal information ordered as determined by the lower courts, subject to statutory limits