Canada Judgment

Federal Court

Savard v. Canada (Privacy Commissioner)

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Source document

01

Holding and result

Applying David Bull Laboratories, the Court found no excess of jurisdiction by the Privacy Commissioner, his actions complied with the Privacy Act and his recommendations were adopted by the Correctional Service of Canada; therefore the plaintiff cannot obtain judicial review and the application must be struck out.

Court disposition

Defendant's motion allowed; plaintiff's application for judicial review struck out.

Orders

  • The application for judicial review filed by the plaintiff is struck out.
  • Defendant's motion under Rule 369 is allowed.

02

Material facts

Parties

Jean-Guy Savard

Plaintiff Counsel: Jean-Guy Savard

Privacy Commissioner of Canada

Defendant Counsel: Sean T. McGee

03

Procedural history

  1. Posture

    Application for Judicial Review / Motion to Strike Under Rule 369

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff challenged the Privacy Commissioner's handling of his file, alleging retention of erroneous information and asserting that the Commissioner exceeded his powers and that judicial review was appropriate.
Respondent
Defendant argued that the Commissioner has limited powers under the Privacy Act, that he did not exceed his jurisdiction, that his recommendations were adopted by the Correctional Service of Canada, and moved to strike the application under Rule 369; relied on David Bull Laboratories v. Pharmacia.

05

Court’s reasoning

  1. 01

    Privacy Act (Canada)

    The Privacy Commissioner has limited remedial powers under the Privacy Act regarding retention of information in third‑party files.

  2. 02

    David Bull Laboratories Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.)

    Judicial review is available only where a public decision‑maker has committed a jurisdictional error or exceeded its statutory powers; absence of such error defeats review.

  3. 03

    Decision facts (Correctional Service of Canada adopted recommendations)

    Adoption of the Commissioner's recommendations by the final decision‑maker reduces grounds for successful judicial review of the Commissioner.

06

Ratio, limits and disposition

Ratio decidendi

Applying David Bull Laboratories, the Court found no excess of jurisdiction by the Privacy Commissioner, his actions complied with the Privacy Act and his recommendations were adopted by the Correctional Service of Canada; therefore the plaintiff cannot obtain judicial review and the application must be struck out.

Obiter and limits

  • The Privacy Commissioner’s function is limited to making recommendations concerning retention of information.
  • Court expressly adopts paras. 13–23 of the defendant’s written submissions.

Court disposition

Defendant's motion allowed; plaintiff's application for judicial review struck out.

  • The application for judicial review filed by the plaintiff is struck out.
  • Defendant's motion under Rule 369 is allowed.

Source and reliance status

Federal Court · 19 July 2002

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 19 July 2002

2002 FCT 803

Savard v. Canada (Privacy Commissioner) Court (s) Database Federal Court Decisions Date 2002-07-19 Neutral citation 2002 FCT 803 File numbers T-102-02 Decision Content Date: 20020719 Docket: T-102-02 Neutral citation: 2002 FCT 803 Montréal, Quebec, July 19, 2002 Before: Richard Morneau, prothonotary BETWEEN: JEAN-GUY SAVARD Plaintiff and

PRIVACY COMMISSIONER

OF CANADA Defendant Motion by defendant under Rule 369 to strike the application for judicial review filed against it by the plaintiff.

REASONS FOR ORDER AND ORDER [1] In the case at bar the Court must apply David Bull Laboratories Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.), and allow the defendant's motion at bar, and accordingly order that the application for judicial review filed against it by the plaintiff be struck out. [2] The plaintiff should clearly understand that the defendant has a limited power and function under his enabling legislation as to whether he should retain in the plaintiff's file information which the plaintiff considers to be erroneous. [3] In the case at bar it appeared from the evidence in the record that the defendant committed no excess of jurisdiction and performed each of his obligations in accordance with the Privacy Act, and the defendant's recommendations were adopted at the inquiry by the Correctional Service of Canada. [4] Clearly, therefore, the plaintiff cannot claim judicial review of the defendant here. [5] The Court adopts and entirely concurs in the reasons contained in paras. 13 to 23 of the written submissions filed by the defendant in support of its application. "Richard Morneau" prothonotary Certified true translation Suzanne M. Gauthier, C. Tr., LL.L.

FEDERAL COURT OF CANADA

TRIAL DIVISION Date: 20020719 Docket: T-102-02 Between: JEAN-GUY SAVARD Plaintiff and

PRIVACY COMMISSIONER

OF CANADA Defendant

REASONS FOR ORDER

AND ORDER

FEDERAL COURT OF CANADA

TRIAL DIVISION

SOLICITORS OF RECORD FILE: T-102-02 STYLE OF CAUSE: JEAN-GUY SAVARD and

PRIVACY COMMISSIONER

OF CANADA WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY DATED: July 19, 2002 WRITTEN SUBMISSIONS: Jean-Guy Savard for the plaintiff Sean T. McGee for the defendant SOLICITOR OF RECORD: Nelligan, O'Brien, Payne for the defendant Ottawa, Ontario

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

David Bull Laboratories Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.)

Case cited

Privacy Act (Canada)

Legislation

Legislation referenced in the available case record.

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