Showing posts with label 2012 FCA 92. Show all posts
Showing posts with label 2012 FCA 92. Show all posts

Wednesday, 12 February 2014

Deference outside a Decision-Maker's 'Home' Statute: Bernard v. Canada (Attorney General), 2014 SCC 13

There is another aspect of Bernard v. Canada (Attorney General), 2014 SCC 13 (discussed here) that is of general interest. When the matter was remitted to it, the Public Service Labour Relations Board had to address whether its order that an employer had to disclose home contact information of non-union employees was compatible with privacy legislation. In particular, it had to ask whether disclosure to the union would be consistent with "the purpose for which the information was obtained" as per s. 8(2)(a) of the Privacy Act. But the Privacy Act is not something that the Board encounters on a regular basis. Was its interpretation nonetheless entitled to deference?