Important decision on constitutionality of privacy legislation to be released by Supreme Court on Friday

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(For more background, check out posts tagged UFCW Case (Alberta).)

Supreme Court of Canada - Decisions

Supreme Court of Canada / Cour suprême du Canada

JUDGMENT TO BE RENDERED IN APPEAL

November 12, 2013
For immediate release

OTTAWA – The Supreme Court of Canada announced today that judgment in the following appeal will be delivered at 9:45 a.m. EST on Friday, November 15, 2013. This list is subject to change.

Information and Privacy Commissioner et al v. United Food and Commercial Workers, Local 401 (Alta.) (34890)

34890 Information and Privacy Commissioner v. United Food and Commercial Workers, Local 401 ‑ and between ‑ Attorney General of Alberta v. United Food and Commercial Workers, Local 401

Charter ‑ Freedom of expression ‑ Privacy law ‑ Labour relations ‑ Administrative law ‑ Privacy legislation prohibiting Respondent Union from collecting, using or disclosing images of individuals at or near a picket line during the course of a lawful strike ‑ Do the Personal Information Protection Act, S.A. 2003, c. P‑6.5 and the Personal Information Protection Act Regulation, Alta Reg. 366/2003 violate s. 2(b) of the Canadian Charter of Rights and Freedoms insofar as they restrict a union’s ability to collect, use or disclose personal information during the course of a lawful strike? ‑ If so, is the infringement a reasonable limit prescribed by law, which can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? ‑ What is the administrative tribunal’s role when its enabling legislation is the subject of a constitutional challenge and it does not have the power to decide the constitutional question?

The respondent union recorded video and took still photos of individuals located near and/or crossing a picket line during a lawful strike. Certain images collected by the union were subsequently placed on posters displayed at the picket‑line and appeared newsletters and leaflets available to union members and the public. Complaints were filed with the appellant Information and Privacy Commissioner of Alberta pursuant to the Personal Information Protection Act, S.A. 2003, c. P‑6.5 (“PIPA”). An adjudicator appointed by the Privacy Commissioner held that PIPA prohibited the Union from collecting, using and disclosing such photos and recordings without the consent of the individuals in question.

Origin of the case: Alberta

File No.: 34890

Judgment of the Court of Appeal: April 30, 2012

Counsel:

Roderick Wiltshire for the appellant Attorney General of Alberta

Glenn Solomon, Q.C. and Rob W. Armstrong for the appellant Information and Privacy Commissioner of Alberta

Gwen J. Gray, Q.C. for the respondent