Federal Access to Information and Privacy Legislation Annotated 2018
By: Professor Michel W. Drapeau, (Colonel Ret'd), OMM, CD, LL.L, LL.B, Marc-Aurèle Racicot, B.Sc., LL.B., LL.M.
ISBN/ISSN/Product Number: 978-0-7798-7888-8
Product Type: Book S.O. Annual/biannual/biennial
Anticip. Upkeep Cost: Annual volumes supplied on standing order subscription
Number of Pages: Approximately 3000 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2017-08-15
Publisher: Carswell
Price: $169.00

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A key publication by two of the country's leading access and privacy lawyers

Comprehensive in scope, it contains everything you need to interpret and apply federal access to information and privacy legislation. In addition to expert analysis, this practical reference contains a compendium of key materials.

What’s New

This new edition features significant updates and revisions to various chapters in the book.

Highlights include:

Chapter 1 (Annotated Access to Information Act) – In this chapter, the authors update statistics and commentary related to sections 6, 30, 54, and 58 of the Access to Information Act.  In the commentary related to section 54, the author reviews and comments on in detail the selection criteria for Information Commissioner.  The author reviews section 58 and comments on the structure of the staff of the Information Commissioner.

Chapter 1 (Annotated Access to Information Act) – Section 3 – Interpretation – Government Institutions - Yeager v. Canada (Public Safety and Emergency Preparedness), 2017 FC 330, paras. 45-49, 50-53, Elliott J. In this Application for judicial review, the Applicant argued that whether records exist at the department level is not relevant. The definition of “government institution” in section 3 of the ATIA is clear and explicit: it means any department or ministry of state of the Government of Canada, or any body or office, listed in Schedule I. Subsection 4(1) provides a right of access to any record under the control of a government institution, subject to certain exemptions provided elsewhere in the ATIA.

Chapter 6 (Annotated Privacy Act) – In this chapter, the list Privacy Legislation Around the World has been updated.   Also updated is the commentary related to sections 8, 12, 21, 28, 29, 35, 39, and 58.  In particular there is added commentary on bureaucratic overhead and infrastructure.

Chapter 6 (Annotated Privacy Act) – Section 8(2)(c) – Disclosure of Personal Information – Where Personal information may be Disclosed - Ritchie v. Canada (Attorney General), 2017 FCA 114, para. 47, Scott, de Montigny and Woods JJ.A. “[. . .] in the absence of a confidentiality

order, no party involved in public litigation has an expectation of privacy in relation to Court documents (see paragraphs 8(2)(b),(c), and (3) of the Privacy Act, R.S.C. 1985, c. P-21).”

Chapter 6 (Annotated Privacy Act) – Section 7 – Protection of Personal Information - O’Grady v. Canada (Attorney General), 2017 FC 2017, paras. 1, 5, 43, 70 and 74, Russell J.: [1] This is an application under s 18.1 of the Federal Courts Act, RSC 1985, c F-7 [Federal Courts Act] for judicial review of a decision of the Chief of Statistics, dated January 7, 2011 [Letter of Agreement], whereby Statistics Canada entered into an agreement with McGill University’s Faculty of Medicine [McGill] to conduct a study examining perinatal outcomes in Canada.“  The Court concluded that: “[70] It is clear that Statistics Canada could not have contemplated the Study at the time of either the 1996 census or the 2006 census. Hence, the information collected by those censuses was not obtained specifically for the Study. However, the purpose of the Study is to compile and analyse statistics related to the health and welfare of Canadians, so that it complies with the purpose of the censuses and with Statistics Canada’s mandate.”  In the Court’s view, therefore, the Study satisfied the Bernard, above, test for “consistent use.” “This means it is compliant with s 7 of the Privacy Act.

About the Author
Professor Michel W. Drapeau, O.M.M., C.D., LL.L., LL.B., retired from the Canadian Forces (Army) in 1993 after accumulating 34 years of service in the Regular and Reserve components. He then went on to obtain a common law degree, as well as a civil law degree, from the University of Ottawa and to co-author several legal texts for Carswell, including: Protection of Privacy in the Canadian Private and Health Sectors; Canadian Military Law Annotated; and Military Justice in Action: Annotated National Defence Legislation. He is an adjunct Professor at the Faculty of Law, University of Ottawa. He is the Principal of Michel Drapeau Law Office in Ottawa. He also serves on the Board of Directors, Saint Paul University, Ottawa, Ontario. He has been elected to the Council for the Canadian Bar Association and the Ontario Bar Association. These are the governing bodies of the CBA and OBA Visit his website at www.mdlo.ca
Me Marc-Aurèle Racicot, B.Sc., LL.B. (Université de Montréal), LL.M. (University of Alberta), is a member of the Quebec Bar. He articled at the Federal Court of Appeal and occupied different positions at the Office of the Information Commissioner of Canada. Me Racicot has also contributed to some major training programs in the field of access and privacy in Canada. Me Racicot is involved on a daily basis with a variety of cases dealing with administrative law, including the interpretation and application of access and privacy legislation. In 2014, after seven years in private practice, Me Racicot joined the Chambre de las sécurité financière as senior counsel. He is co-author of Federal Access to Information Act and Privacy Legislation Annotated, Protection of Privacy in the Canadian Private and Health Sectors, and Fundamentals of Privacy and Freedom of Information in Canada.
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