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Diane McLeod-McKay
Information and Privacy Commissioner issues decision after jurisdictional challenge
Diane McLeod-McKay, the territory’s Information and Privacy Commissioner (IPC),
Diane McLeod-McKay, the territory’s Information and Privacy Commissioner (IPC), has issued a decision about whether she lost jurisdiction to continue a review after the legislated timelines to complete the review had expired.
The relevant legislation is the Access to Information and Protection of Privacy Act (ATIPP Act).
During the inquiry phase of the review process, McLeod-McKay sought additional evidence from the territorial Department of Justice that she determined was required to prepare her inquiry report.
She requested the evidence after the timelines to complete the review had expired.
The department’s response was that the IPC was out of time to ask for additional evidence because the timelines in the ATIPP Act to complete the review had lapsed.
“The crux of this case is to determine what the consequences are of failing to meet the timelines for a review under the ATIPP Act,” McLeod-McKay said Thursday.
“After considering the circumstances of this case and other similar cases in Canada, I determined that the consequences do not include a loss of jurisdiction to complete a review.
“I have re-issued my request for additional information from the department.”
In Decision ATP18-63R, McLeod-McKay said the intent of the ATIPP Act cannot be for the IPC to issue inquiry reports based on inadequate evidence due to the expiration of timelines.
If it were, the commissioner said, the integrity of such decisions would be placed in considerable jeopardy.
As well, her decision noted that decisions based on inadequate evidence may put applicants in the position of having to take the matter to court more often.
The Ombudsman, Information and Privacy Commissioner, and Public Interest Disclosure Commissioner, is an independent officer of the Yukon legislature.
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Comments (15)
Up 2 Down 0
Groucho d'North on Sep 8, 2020 at 4:20 pm
Guilt is anger directed at ourselves--at what we did or did not do. Too many focus on the guilt of getting caught rather than not doing the right thing which led to them getting caught in the first place.
Up 16 Down 1
Brenda on Sep 7, 2020 at 6:14 pm
Public service - the Yukon government, the department of Justice and of course the infamous Health and Social Services are not public they are not accountable. According to the annual report of the Commissioner Health and Social services continues to be uncooperative and they are spending tax payers dollars to fight things in court. Who approves this - where is the accountability? I do not agree with the public service spending public money on legal fees, court time and whatever they are spending their money on to not cooperate with this Commissioner and to allow these investigations to be completed. I agree the Commissioner should be able to enforce consequences for findings and if the department does not cooperate they should be more severe. Health and Social Services should be held accountable in a real financial and public way for their conduct. What are they hiding ?
Up 25 Down 1
Silver Tongued Devil on Sep 6, 2020 at 6:07 pm
The means that the Yukon Government has to insulate itself from being held accountable for its wrongdoings are mind bogglingly incomprehensible. Perhaps the most dangerous countermeasure employed by the government is its ability to colour if not shape reality.
The absolute gall... To assert its open, accountable and transparent self while contemptuously withholding evidence that could disturb the comforts of its own beliefs. One could suggest any number of psychological pathologies to ascribe to the government’s actions however one could also hold that the government is an entity who chooses, volitionally, to commit the offences that it does behind the safety of its manufactured image thereby being nothing more than a bully.
They are literally the Machiavellian older sibling with no ability for self reflection... And in that space between mind and behaviour they are literally the older sibling who makes their younger siblings punch themselves in the face while saying, why are you hitting yourself?
In this instance however the older sibling is not playing and its intent is to hurt. This is merely one more example of the abuse of power that a bully engages in to inflate its sense of self which reinforces the need to maintain an image - The illusion supported by the sycophantic mobsters of the inner circle.
They should disgust you. You should demand more from the people you elect to represent the so-called “will of the people” because if it is the case that they do represent your “will” then we have a sociopathic society... A truly mentally ill society...
How proud you must be... Those with depression, bipolar or PTSD should not be stigmatized... It is those who commit to the sociopathic tendencies who should be stigmatized.
Defund the politicians!
Up 22 Down 0
Breana on Sep 5, 2020 at 6:45 pm
The Commissioner should have more power and be able to enforce consequences for non compliance. If she makes a finding of wrongdoing - group home fiasco it should not be recommendations and the government gets to decide if they accept them or will do anything about them. For real accountability she should be able to make findings and impose consequences. That will “right” the ship pretty quick - you want accountability give the independence office/officer the power to impose real consequences.
Up 11 Down 2
Josey Wales on Sep 5, 2020 at 9:27 am
Hey BnR...well I am glad that something made you happy.
Even the group think PC Crusader sycophants devoid of individuality, deserve some joy.
Makes for a more enjoyable herding experience (mmnnnnKay), for even ewe too.
...back on the broom now I suppose eh?
Up 25 Down 2
Cameron on Sep 4, 2020 at 5:44 pm
Same old story - refusal to give information, no transparency by the department. Health and Social Services must be happy finally they are not the only department playing cover up. I agree this is not a liberal issue this is a Yukon Government issue that has been allowed to go on for years - the liberals just joined in and reinforced it - remember the group home scandal. The Minister the Premiere fought PIDWA all the way what were those words - it never happened and then what happened - we apologize it happened. The Commissioners office is necessary without a watchdog..... well we know what happens and what continues to happen.
Up 18 Down 2
Silver Tongued Devil on Sep 4, 2020 at 5:34 pm
Roy, Roy, Roy... You would have a better chance of being correct outside of the Yukon. However, policies, practices and procedures change with the flavour of the day in YG depending on whose power and influence beckons. The government is a system of relative morality in which there can be nothing sound or sane. The DOJ is caricature of that insanity. There have even been managers in YG who have outright stated that employees do not have to follow policy. That would be absolute stupidity in a system of alleged accountability. Imagine all those goats in a landscape painting entitled - Scapegoating.
Your comment is irresponsibly complicit.
As per the suggestion that these operations are independent of the government of the day... LOL, haha Hahaha haha, LOL, LOL, Hahahahahahahahahahah.... Gasping for breath... Hahshshahahaha.... Tears...
Up 18 Down 1
Anie on Sep 4, 2020 at 5:11 pm
Since its enactment, government employees have used ATIP as a tool to prevent access to information.. I've never understood the motivation, but it's been that way for decades, I remember explaining to people at medical travel that they could not refuse me access to my own file.
Up 5 Down 18
BnR on Sep 4, 2020 at 3:03 pm
Good to see the Global Conspiracy/UN Controlled liberal Cabal/Its A Conspiracy usuals are waving their QAnon flags.
Up 15 Down 7
Josey Wales on Sep 4, 2020 at 8:53 am
A politician, and a liberal even... alleged to deceive?
Glad we had a glimpse of it too, as it is such a rare phenomena...kinda like a lunar eclipse, everyone should experience.
Wonder if we will get another opportunity to witness this rare reality of the natural world again in our lifetime?
Up 26 Down 5
Oya on Sep 4, 2020 at 8:23 am
So, I get her point about needing the documents to complete a proper review, AND I get that the Gov should be providing the information, but what I don't get is: if the legislation prescribes limitation periods, how is it ok that they don't seem to mean anything here? Why is the IPC not bound by the legislation the same way we common folk are? Not to suggest the Gov should get away with their non-disclosure tricks...
Up 26 Down 5
Yukoner123 on Sep 4, 2020 at 6:01 am
What is the point of having an Ombudsman/Privacy Commissioner if the government won't listen/adhere? You're right, TMYK, the honesty and transparency of this Liberal government is about exactly as was promised.
Up 25 Down 6
Lee Brall-Hayt on Sep 3, 2020 at 5:29 pm
Wow. The Department of Justice withholding evidence... Hmmmm... Sounds about right for the YG-DOJ... And then, oops, sorry, too late. Frustrating due process, again and again and again. I can imagine the HR department contemplating another hire for upper management... I don’t know, I have a feeling this is the right person for the job... I get a good vibe... LOL!
It’s funny how you can have uneducated and unqualified HR consultants with an HR certificate requiring candidates to have degrees and masters degrees and doctorates and then assess their suitability for the job... LOL.
No wonder things are so trucked up in YG!
Heck, they’d be better off holding seances to communicate with McKenzie King’s mother... It is the traditional Liberal way of doing things... Evidence-smevidence...
Up 17 Down 15
Roy on Sep 3, 2020 at 5:22 pm
@TMYK This has nothing to do with anything "Liberal", so cool your jets. The day-to-day operations of anywhere in government do not change when the Party changes. The only thing that changes is overall guiding principles.
Up 59 Down 13
TMYK on Sep 3, 2020 at 1:38 pm
So to summarize: The Liberal Government uses a loophole to escape having to be the open, honest and transparent government they promised they would be.