Blood Tribe Department of Health v. Canada (Privacy Commissioner)

Blood Tribe Department of Health v. Canada (Privacy Commissioner)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-03-09
Neutral citation
2006 FCA 101
File numbers
A-147-05
Decision Content
Date: 20060309
Docket: A-147-05
Citation: 2006 FCA 101
Present: NOËL J.A.
IN THE MATTER OF an Order for the Production of Records by the Assistant Privacy
Commissioner of CanadaPursuant to paragraphs 12(1)(a) and 12(1)(c) of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5.
BETWEEN:
BLOOD TRIBE DEPARTMENT OF HEALTH
Appellant
and
THE PRIVACY COMMISSIONER OF CANADAAND ANNETTE J. SOUP
Respondent
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on March 9, 2006.
REASONS FOR ORDER BY: NOËL J.A.
Date: 20060309
Docket: A-147-05
Citation: 2006 FCA 101
Present: NOËL J.A.
IN THE MATTER OF an Order for the Production of Records by the Assistant Privacy
Commissioner of CanadaPursuant to paragraphs 12(1)(a) and 12(1)(c) of the Personal Information Protection and Electronic Documents Act, S.c.2000, c.5.
BETWEEN:
BLOOD TRIBE DEPARTMENT OF HEALTH
Appellant
and
THE PRIVACY COMMISSIONER OF CANADAAND ANNETTE J. SOUP
Respondents
REASONS FOR ORDER
[1] The Law Society of Alberta seeks leave to intervene in this appeal. The Privacy Commissioner of Canada resists the motion on the sole ground that the application for leave was filed too late. A requisition for leave was filed in September 2005, but the appeal has yet to be scheduled.
[2] I would be inclined to agree with the Privacy Commission, were it not for the fact that the Commission has been on notice that an intervention was being considered since November 2005. At no time did the Commission suggest that time was of the essence, nor that it would oppose the application on the ground that the application was too late in coming.
[3] The Commission, by raising timeliness as the sole ground for resisting the application, concedes in effect that the proposed intervener can make a useful contribution and assist the Court in disposing of the appeal.
[4] In the circumstances, the application for leave to intervene will be allowed, subject to the terms and conditions set out in the Order.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-147-05
STYLE OF CAUSE: Blood Tribe Department of Health
v. The Privacy Commissioner of Canada and Annette J. Soup
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
DATED: March 9, 2006
WRITTEN REPRESENTATIONS BY:
Garner A. Groom
FOR THE ALBERTA LAW SOCIETY, APPLICANT FOR INTERVENER STATUS
Steven Welchner
FOR THE RESPONDENT PRIVACY COMMISSIONER OF CANADA
SOLICITORS OF RECORD:
Walsh Wilkins Creighton LLP
Calgary, Alberta
Garner A. Groome
Counsel for the Law Society of Alberta
Calgary, Alberta
FOR THE APPELLANT
FOR THE ALBERTA LAW SOCIETY, APPLICANT FOR INTERVENER STATUS
Welchner Law Office
Ottawa, Ontario
FOR THE RESPONDENT PRIVACY COMMISSIONER OF CANADA