Keating v. Nova Scotia (Attorney General), 2001 NSSC 85

• Judge: Gruchy, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 13, 2001
• Jurisdiction: Nova Scotia
• Citations: 2001 NSSC 85;(2001), 194 N.S.R.(2d) 290 (SC)

Keating v. N.S. (A.G.) (2001), 194 N.S.R.(2d) 290 (SC);

 606 A.P.R. 290

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. JN.038

In The Matter Of an Appeal pursuant to Section 41 of the Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5.

(S.H. No. 155707; 2001 NSSC 85)

Indexed As: Keating v. Nova Scotia (Attorney General)

Nova Scotia Supreme Court

Gruchy, J.

June 13, 2001.

Summary:

The province commissioned an investi­gation into alleged abuse of youths in pro­vincial youth correction and protection insti­tutions. Keating, a retired employee at one of the institutions, learned of allegations of abuse made against him in the Alternative Disputes Resolution process undertaken to compensate abuse victims who proved their claims. Keating, who was being criminally investigated, applied under the Freedom of Information and Protection of Privacy Act for disclosure of information pertaining to allegations against him. Disclosure was de­nied by the Coordinator. Keating appealed.

The Nova Scotia Supreme Court allowed the appeal in part. The court set out the information that had to be disclosed to Keating.

Crown - Topic 7170

Examination of public documents - Free­dom of information - Legislation - Dis­closure - Personal information - The prov­ince investigated alleged abuse in provin­cial youth correction and protection institu­tions - Victims were given a non-public forum to tell their stories and obtain com­pensation - Notwithstanding oral as­surances of confidentiality, victims ex­ecuted releases permitting the infor­mation to be used for, inter alia, employee disci­pline and the investigation of criminal charges - Keating, a retired employee, learned of allegations against him - Be­cause of the releases, the information would ultimately have to be disclosed to Keating - Keating's request under the Freedom of Information and Protection of Privacy Act for disclosure of information respecting alleged abuse by him was de­nied - The Nova Scotia Supreme Court or­dered disclosure of the number and nature of allegations against Keating, the name of the claimants making the alle­gations (if they executed a release), the times and dates of the alleged incidents, the amount of any settlement or payout for actions at­tributed solely to Keating and whether any allegations were dismissed or unproven - The court rejected the follow­ing claimed grounds for nondisclosure: (1) harm to law enforcement; (2) financial or economic harm to the province; and (3) unreasonable invasion of a third party's privacy.

Crown - Topic 7171

Examination of public documents - Free­dom of information - Legislation - Dis­closure - Confidential information supplied by third party - [See Crown - Topic 7170 ].

Crown - Topic 7206

Examination of public documents - Free­dom of information - Bars - Personal in­formation - [See Crown - Topic 7170 ].

Crown - Topic 7207

Examination of public documents - Free­dom of information - Bars - Confidentiali­ty - [See Crown - Topic 7170 ].

Crown - Topic 7209

Examination of public documents - Free­dom of information - Bars - Information re investigative techniques or harmful to law enforcement - [See Crown - Topic 7170 ].

Crown - Topic 7220.08

Examination of public documents - Free­dom of information - Bars - Prejudice to governmental economic interests - [See Crown - Topic 7170 ].

Crown - Topic 7292

Examination of public documents - Free­dom of information - Practice - Appeals - Section 42(1) of the Freedom of Infor­mation and Protection of Privacy Act pro­vided for a de novo appeal from the de­cision of the Coordinator responsible for determining whether information was to be disclosed - The Nova Scotia Supreme Court stated, with respect to de novo ap­peals, that "the distinction between 'an appeal by holding a trial de novo' and an appeal to the provincial Court of Appeal is that although the object of both is to deter­mine whether the decision appealed from was right or wrong, in the latter case the question is whether it was right or wrong having regard to the evidence upon which it was based, whereas in the former the is­sue is to be determined without any reference, except for purposes of cross-ex­amination, to the evidence called in the Court appealed from and upon a fresh determination based upon evidence called anew and perhaps accompanied by entirely new evidence" - See paragraph 35.

Cases Noticed:

Jobb v. Nova Scotia (Minister of Justice) (1999), 174 N.S.R.(2d) 380; 532 A.P.R. 380 (S.C.), refd to. [para. 35].

R. v. Dennis (1960), 125 C.C.C. 321 (S.C.C.), refd to. [para. 35].

Dickie v. Nova Scotia (Minister of Health) (1999), 176 N.S.R.(2d) 333; 538 A.P.R. 333 (C.A.), refd to. [para. 49].

Nova Scotia (Attorney General) v. Royal & Sun Alliance Insurance Co. of Canada et al. (2000), 190 N.S.R.(2d) 208; 594 A.P.R. 208 (S.C.), refd to. [para. 54].

Vancouver Police Board, Re, [1999] B.C.I.P.C.D. No. 44 (Comm.), refd to. [para. 56].

Ontario (Minister of Culture and Com­munications), Re, [1993] O.I.P.C. No. 5, dist. [para. 61].

Ontario (Attorney General), Re, [1998] O.I.P.C. No. 188, refd to. [para. 61].

Statutes Noticed:

Children and Family Services Act, S.N.S. 1990, c. 5, sect. 63(3), sect. 63(4) [para. 57].

Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5, sect. 2(a)(ii) [para. 61]; sect. 15(1), sect. 15(2), sect. 17(1)(e), sect. 20(1), sect. 20(2), sect. 20(3)(b), sect. 20(4) [para. 46]; sect. 41(1), sect. 41(2) [para. 24]; sect. 42(1) [para. 34]; sect. 45 [para. 61].

Counsel:

W. Dale Dunlop and Ken Mahoney, a/c, for Mr. Keating;

Edward A. Gores, for the Attorney Gen­eral;

Anne S. Derrick, Q.C., for the third party (name not to be known).

This appeal was heard on January 29-30, 2001, at Halifax, N.S., before Gruchy, J., of the Nova Scotia Supreme Court, who delivered the following judgment on June 13, 2001.