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Archive For Entries On Blood Tribe Department of Health (2008)

The Limits of Judicial Review: Democracy vs. Reasonableness in Blood Tribe and Shell

Blood Tribe has been covered here before – twice, in fact – but the decision presents a good opportunity to return to issues raised by an administrative law classic, Shell Canada Products Ltd. v. Vancouver (City), [1994] 1 S.C.R. 231. The relevant facts in Shell are simple. The city had passed a resolution stating that [...]

Solicitor-Client Privilege Trumps the Privacy Commissioner in Canada v. Blood Tribe

Last week, the Supreme Court released its judgment in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44. Under the banner of access to justice, Binnie J., speaking for a unanimous court, ruled that section 12 of the Personal Information Protection and Electronic Documents Act (2005 c. 5) (“PIPEDA”) does not furnish [...]

Solicitor-Client Privilege v. the Privacy Commissioner in Blood Tribe Development of Health v. Canada

Employers today are able to collect more information about their employees then ever before. As such, the Personal Information Protection and Electronic Documents Act (PIPEDA), the act that governs the collection, use and disclosure of personal information by private actors, has become an increasingly important guarantor of individual privacy rights. This month, when it hears [...]