The Alberta Teachers’ Association

Court reaffirms its order that documents must be released

In May 2008, the Alberta Teachers’ Association made a Freedom of Information and Protection of Privacy (FOIP) request to Buffalo Trail Schools (the public body) for access to records related to the public body’s involvement in the now-defunct School Board Employers’ Bargaining Association (SBEBA). In particular, the ATA sought to review SBEBA’s constitution and bylaws. The public body refused to provide the records and the ATA requested that the Office of the Information and Privacy Commissioner (OIPC) review the public body’s response. The matter eventually resulted in OIPC Order F2010-037, issued August 30, 2011.

In that order, the OIPC agreed that the public body need not grant the ATA access to the SBEBA records. The ATA challenged Order F2010-037 in May 2013 at the Court of Queen’s Bench and was successful in having the OIPC order deemed unreasonable in part. The court ordered the release of the constitution and bylaws to the ATA. On November 20, 2013, the OIPC brought the matter back before the Court of Queen’s Bench in an application that the court vary or correct its May 2013 ruling. The ATA’s position was that any questions of law arising from the May 2013 decision of the court were properly addressed on appeal, not in an application to vary or correct. The ATA was successful at the November 20, 2013, hearing. The decision of the Court of Queen’s Bench stands unless appealed.  ❚