"Judicial review" refers to the power of the Court of Queen's Bench of Alberta to determine whether the Information and Privacy Commissioner has acted strictly within the powers that have been given to him or her. Such a review is not an appeal. It does not allow the court to substitute its decision for that of the Commissioner except in exceptional circumstances where the Commissioner's decision is found to be patently unreasonable. A party to an inquiry by the Commissioner may apply for judicial review on jurisdictional grounds or on the basis of an error in law.
Judicial Reviews and Judgments
The following Commissioner's Orders have undergone judicial review and the judgments of the Court of Queen's Bench (external link) are provided here for the convenience of users of this website.
The below links are in PDF format and open in a separate browser window.
- University of Alberta v. Alberta (Information and Privacy Commissioner), 2010 ABQB 89, reversing IPC Order F2009-005. The Commissioner reconsidered the matter in IPC Order F2011-R-0001.
- University of Alberta v. Alberta (Information and Privacy Commissioner), 2009 ABQB 112, affirming IPC Order F2007-015.
- Business Watch International Inc. v. Alberta (Information and Privacy Commissioner), 2009 ABQB 10, quashing IPC Order F2007-001, F2007-002 and P2007-001.
- Qualicare Health Services Corporation v. Alberta (Office of the Information and Privacy Commissioner), 2006 ABQB 515, affirming IPC Order F2005-009.
- Shields v. Information and Privacy Commissioner, 2004 ABQB 353, quashing IPC Order F2003-003. The Commissioner has not yet reconsidered Order F2003-003.
- Alberta (Attorney General) v. Krushell, 2003 ABQB 252, reversing IPC Order F2002-022.
- University of Alberta v. Pylypiuk, 2002 ABQB 22, reversing IPC Order 2000-030. The Commissioner reconsidered the matter in IPC Order F2002-030R.
- Alberta (Minister of Justice) v. Roy (10 December 1996), Edmonton no. 9603-16335 (Q.B.), affirming IPC Order 96-006.
For further information on judicial reviews, see: