PRACTICE |
Pleadings |
Motion to Strike |
Canada (Privacy Commissioner) v. Canada (Labour Relations Board)
A-685-96
Desjardins J.A.
9/5/00
6 pp.
Appeal from Trial Division review ([1996] 3 F.C. 609) of CLRB's refusal to disclose to Privacy Commissioner notes taken by Board members during hearing of complaint--Trial Judge confirmed CLRB's refusal--Appeal dismissed--Whether or not notes "personal information", notes not "under the control" of Board as provided in Privacy Act, s. 12(1)(b)--Notes taken during course of quasi-judicial proceedings, not by employees of Board, but by Governor in Council appointees endowed with adjudicative functions which they must perform independently--No obligation to take notes--No Code or CLRB policy or procedure concerning notes--Authors consider notes their own, to keep or destroy--Notes not part of official records of Board and not contained in any other record keeping system over which Board has control--Canada Labour Code provision empowering Board to make regulations with respect to hearings and other incidental matters not empowering Board to exercise control over notes so as to bring them "under the control of a government institution" within meaning of Privacy Act, s. 12(1)(b)--Principle of judicial independence and corollary principle of adjudicative privilege, as applied to administrative tribunals, lie at heart of Board's lack of control over notes as government institution--Privacy Act, R.S.C., 1985, c. P-21, s. 12(1)(b)--Canada Labour Code, R.S.C., 1985, c. L-2, s. 37.