The B.C. government has asked the province's highest court to quash a privacy commissioner’s order that would allow a civil rights watchdog to access to community safety law data.
The legislature passed the Community Safety Amendment Act (CSA) in March 2013 to allow civil remedies to be imposed on problem properties connected to criminal or nuisance activities. The law allowed for the public to submit complaints, and a director of community safety to send warning letters, and if all else failed, ask a court to vacate a property, terminate a lease or prevent entry.
The BC Civil Liberties Association (BCCLA) argued that the justification and financial basis of the act lacked transparency.
In October 2019, the BCCLA applied to the Ministry of Public Safety and Solicitor General for the release of records under the province's freedom of information laws. The group believed those records would satisfy the public’s interest in ensuring financial accountability in the legislative process.
The ministry identified 80 pages of relevant documents but withheld portions of 47 pages, OIPC adjudicator Daphne Loukidelis’ June 1 order said.
Loukidelis found the ministry had not established a reasonable expectation of harm if certain sections of the documents were released. Loukidelis ordered some of the redacted documents be disclosed to the BCCLA.
“I accept that the nature of the (BCCLA’s) interest in the CSA is not a private one and that it does not reflect an isolated interest, since the law, if implemented, would apply across the province,” Loukidelis said. “This would tend to support the existence of a systemic issue engaging the public interest.”
However, she added, “In my view, the existence of ongoing, widespread and unresolved debate about the CSA is not established on the evidence before me.”
The Ministry of Public Safety and Solicitor General filed a civil petition asking the B.C. Supreme Court to quash Loukidelis’ order on June 15.
The petition asserts that Loukidelis erred in concluding some information in the documents was not covered by solicitor-client privilege and therefore not exempted from disclosure.
The petition noted FOIPPA (Freedom of Information and Protection of Privacy Act) permits non-disclosure of information covered by solicitor-client privilege as well as advice, policy recommendations, draft regulation or legislation submitted to or prepared for submission to the provincial government cabinet.
