Medical Council (Yukon) v. Information and Privacy Commissioner (Y.T.) et al., (2002) 172 B.C.A.C. 108 (YukCA)

• Judge: Finch, C.J.B.C., Donald and Low, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: August 20, 2002
• Jurisdiction: Yukon
• Citations: (2002), 172 B.C.A.C. 108 (YukCA);2002 YKCA 14

Medical Council v. Privacy Commr. (2002), 172 B.C.A.C. 108 (YukCA);

    282 W.A.C. 108

MLB headnote and full text

Temp. Cite: [2002] B.C.A.C. TBEd. AU.025

Yukon Medical Council (respondent/plaintiff) v. The Information and Privacy Commissioner of the Yukon Territory (appellant/defendant) and Allon Reddoch (respondent/respondent) and The Government of the Yukon Territory (respondent/respondent)

(YU466; 2002 YKCA 14)

Indexed As: Medical Council (Yukon) v. Information and Privacy Commissioner (Y.T.) et al.

Yukon Court of Appeal

Finch, C.J.B.C., Donald and Low, JJ.A.

August 20, 2002.

Summary:

A doctor sought access to records in the possession or control of the Medical Coun­cil. The Council refused access. The Infor­mation and Privacy Commissioner ruled that he had jurisdiction over the Council, as a public body, to conduct an inquiry into the doctor's right of access. The Council peti­tioned for judicial review of the Commis­sioner's ruling.

The Yukon Supreme Court dismissed the petition, holding that the Council was a "public body" within the Access to Informa­tion and Protection of Privacy Act. The Council appealed.

The Yukon Court of Appeal allowed the appeal.

Crown - Topic 26

General principles - Definitions - What constitutes an agent or servant of the Crown - The Yukon Court of Appeal referred to the most important consider­ation in determining whether a statutory body was an agent of government - See paragraph 21.

Crown - Topic 7103.3

Examination of public documents - Gen­eral - Public body defined - The Yukon Court of Appeal held that the Yukon Medical Council was not an "agent of the government of the Yuk­on", and therefore was not a public body within s. 3 of the Access to Information and Protection of Privacy Act, and subject to the jurisdiction of the Privacy Commis­sioner - The ques­tion was not whether those aspects of Crown control outweighed the Council's independent exercise of discretionary powers, but rather whether those adminis­trative controls limited, impaired or restricted the exercise of the statutory powers conferred on the Council so as to make its acts those of the govern­ment - See paragraphs 22 to 42.

Cases Noticed:

Westeel-Rosco Ltd. v. Board of Governors of South Saskatchewan Hospital Centre (1976), 11 N.R. 514; 69 D.L.R.(3d) 334 (S.C.C.), consd. [para. 4].

R. v. Labour Relations Board (Ont.); Ex parte Food Terminal Board (Ont.) (1963), 38 D.L.R.(2d) 530 (Ont. C.A.), consd. [para. 4].

Perehinec v. Northern Pipeline Agency (1983), 50 N.R. 248; 51 A.R. 10; 4 D.L.R.(4th) 1 (S.C.C.), consd. [para. 4].

Halifax (City) v. Halifax Harbour Com­missioners, [1935] 1 D.L.R. 657 (S.C.C.), consd. [para. 4].

Industrial Relations Board (B.C.) v. Cana­dian Imperial Bank of Commerce (1980), 116 D.L.R.(3d) 71 (B.C.S.C.), affd. (1981), 125 D.L.R.(3d) 487 (B.C.C.A.), consd. [para. 4].

Metropolitan Meat Industry Board v. Sheedy and others, [1927] A.C. 899 (P.C.), consd. [para. 6].

Fox v. Newfoundland, [1898] A.C. 667 (P.C.), refd to. [para. 8].

Taxation of University of Manitoba Lands, Re, [1940] 1 D.L.R. 579; 47 Man.R. 457; [1940] 1 W.W.R. 145 (C.A.), refd to. [para. 10].

Statutes Noticed:

Access to Information and Protection of Privacy Act, S.Y. 1995, c. 1, sect. 3 [para. 2].

Counsel:

D. Martin, for the appellant, Yukon Medi­cal Council;

D.K. Lovett, Q.C., and S. Dennehy, for the respondent, Information and Privacy Commissioner;

E.J. Horembala, Q.C., for the respondent, Allon Reddoch;

Z. Brown, for the respondent, Government of the Yukon Territory.

This appeal was heard on June 11, 2002, at Whitehorse, Yukon Territory, before Finch, C.J.B.C., Donald and Low, JJ.A., of the Yukon Court of Appeal

The decision of the Court of Appeal was delivered on August 20, 2002, by Finch, C.J.B.C.