MacNeill v. Information and Privacy Commissioner (P.E.I.), 2004 PESCTD 69

• Judge: Matheson, J.
• Case Date: March 23, 2004
• Jurisdiction: Prince Edward Island
• Citations: 2004 PESCTD 69;(2004), 242 Nfld. & P.E.I.R. 231 (PEITD)

MacNeill v. Privacy Commr. (2004), 242 Nfld. & P.E.I.R. 231 (PEITD);

  719 A.P.R. 231

MLB headnote and full text

Temp. Cite: [2004] Nfld. & P.E.I.R. TBEd. NO.038

Paul MacNeill, on behalf of Island Press Limited (applicant) v. Prince Edward Island Information and Privacy Commissioner (respondent) and The Attorney General of Prince Edward Island, the Prince Edward Island Workers' Compensation Board and the Prince Edward Island Union of Public Sector Employees (intervenors)

(S-1-GS-19975; 2004 PESCTD 69)

Indexed As: MacNeill v. Information and Privacy Commissioner (P.E.I.)

Prince Edward Island Supreme Court

Trial Division

Matheson, J.

November 23, 2004.

Summary:

A publisher requested that the Workers' Compensation Board provide a list of the names, salary and position/title of all Board employees. The Board disclosed a list of the positions, the number of persons employed and the salary range for each position. The Board refused to disclose the particular names, salary and position of each employee, as such would constitute an unreasonable invasion of each employees' personal privacy (Freedom of Information and Protection of Privacy Act, s. 15(1)). The Information and Privacy Commissioner agreed that the publisher failed to rebut the presumption that disclosure of names and specific salaries would constitute an unreasonable invasion of the personal privacy of the employees. The publisher applied for judicial review.

The Prince Edward Island Supreme Court, Trial Division, dismissed the application. The Commissioner did not err.

Crown - Topic 7170

Examination of public documents - Freedom of information - Legislation - Disclosure - Personal information - [See Crown - Topic 7206 ].

Crown - Topic 7206

Examination of public documents - Freedom of information - Bars - Personal information - The Information and Privacy Commissioner agreed with the Workers' Compensation Board's decision not to disclose the name, job position and salary of each Board employee on the ground that disclosure of such particular personal information would constitute an unreasonable invasion of the personal privacy of each employee - The Prince Edward Island Supreme Court, Trial Division, dismissed an application for judicial review - The name, position and exact salary of each employee was "personal information" under s. 1(i) of the Freedom of Information and Protection of Privacy Act - Section 15(1) required the Board to "refuse" to disclose personal information if disclosure would be an unreasonable invasion of the third person's personal privacy - Under s. 15(2) of the Act, disclosure of personal information respecting employment or education history or the name of the third person combined with personal information was presumed to be an unreasonable invasion of privacy - The court held that the Commissioner did not err in finding that the publisher did not rebut that presumption.

Crown - Topic 7206.3

Examination of public documents - Freedom of information - Bars - Employment history - [See Crown - Topic 7206 ].

Crown - Topic 7246

Examination of public documents - Freedom of information - Judicial review and appeals - Standard of review - The Information and Privacy Commissioner agreed with the Workers' Compensation Board's decision not to disclose the names and salaries of individual employees as that constituted an unreasonable invasion of the personal privacy of those employees and, as such, was exempt from disclosure under the Freedom of Information and Protection of Privacy Act - The person requesting the information sought judicial review - The Prince Edward Island Supreme Court, Trial Division, stated that the Act "contains a partial privative clause, but also provides for judicial review with an automatic stay of the Commissioner's decision until the judicial review has been completed. A review of the relief sought and the ground for review reveal the issues raised are primarily questions of law, involving an interpretation of the Act. Considering all of these factors, particularly the fact the Commissioner has not yet had the opportunity to develop expertise in the area, I find the proper standard of review is correctness on the law, but reasonableness simpliciter on the facts" - See paragraphs 4 to 14.

Cases Noticed:

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 5].

Ryan v. Law Society of New Brunswick (2003), 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 6].

Dr. Q., Re (2003), 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [para. 7].

Information Commissioner (Can.) v. Royal Canadian Mounted Police (Commissioner) (2003), 301 N.R. 41; 2003 SCC 8, refd to. [para. 11].

Alberta et al. v. Krushell et al. (2003), 340 A.R. 277 (Q.B.), refd to. [para. 13].

University of Alberta v. Pylypiuk et al. (2002), 310 A.R. 300 (Q.B.), refd to. [para. 13].

Dickie v. Nova Scotia (Minister of Health) (1999), 176 N.S.R.(2d) 333; 538 A.P.R. 333 (C.A.), refd to. [para. 19].

Dagg v. Canada (Minister of Finance), [1997] 2 S.C.R. 403; 213 N.R. 161, refd to. [para. 19].

French v. Dalhousie University (2003), 212 N.S.R.(2d) 215; 665 A.P.R. 215 (C.A.), refd to. [para. 29].

Statutes Noticed:

Freedom of Information and Protection of Privacy Act, R.S.P.E.I. 1988, c. F-15.01, sect. 2(1)(a) [para. 20]; sect. 3(a) [para. 48]; sect. 38 [para. 53]; sect. 65 [para. 27].

Counsel:

David Coles and David J. Doyle, for the applicant, Paul MacNeill, on behalf of Island Press Ltd.;

Tanya Robertson, for the intervenor, P.E.I. Workers' Compensation Board;

Ruth M. DeMone, for the intervenor, Attorney General of P.E.I.;

Kimberly H.W. Turner, for the intervenor, P.E.I. Union of Public Sector Employees.

This application was heard on March 23, 2004, at Charlottetown, P.E.I., before Matheson, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment on November 23, 2004.