Wednesday, October 21, 2009

Ottawa CAS President and City Solicitor Fight Privacy Commissioner to Hide E-mails

This matter is still awaiting the Privacy Commissioner to file their response (before winter) in the Divisional Court.

(Case No: 09-DV-1513)
(Clicking will open in a new window so you don't lose your place here)

The CAS contravened section 307 (5) of the Corporations Act (which is an Offence to do) and I attempted to request e-mails between the CAS and the City of Ottawa that could reveal the commission of the offence.

Rick O'Connor is the President of the Ottawa CAS board of directors. He is also the Head City Solicitor of the City of Ottawa, and is acting as the City Clerk (head of City under the Mayor) as well. I guessed that they probably communicated with each other while violating section 307 (5) of the Corporations Act (Failing to furnish a list of their members) so I did a Municipal Freedom of Information Request for those e-mails.

The City (Rick O'Connor) revealed some e-mails which were redundant, while hiding three e-mails from me. When I appealed the City decision not to reveal the e-mails to the Privacy Commissioner of Ontario, the Commission ordered the City that they could not deny me the e-mails based on the excuse they gave of "not having custody and control" of the e-mails because they were "personal e-mails" not related to his work.

Now, the City (Supported by Rick O'Connor) has used tax-payers money to fight the Privacy Commission's decision in a Divisional Court Judicial Review Application.

You can read about the order at the Legal Database CANLII below:

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