Federal Court of Appeal Decisions

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"

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