Order F22-34 – Information & Privacy Commissioner for BC
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Section 12(1) – cabinet confidences
[96] Section 12(1) of FIPPA requires a public body to refuse to disclose
information that would reveal the substance of deliberations of the Executive
Council (also known as Cabinet) or any of its committees, including any advice,
recommendations, policy considerations or draft legislation or regulations
submitted or prepared for submission to the Executive Council or any of its
committees. However, s. 12(1) does not apply in the circumstances set out in
s. 12(2).
[97] The purpose of s. 12(1) is to widely protect the confidence of Cabinet
communications.89 Explaining the rationale for protecting cabinet confidences,
the Supreme Court of Canada has said that “[t]hose charged with the heavy
responsibility of making government decisions must be free to discuss all aspects
of the problems that come before them and to express all manner of views,
without fear that what they read, say or act on will later be subject to public
scrutiny”.90
[98] The Ministry has applied s. 12(1) to information in the following
documents:
copies of documents titled “Cabinet Submission – Request for Decision”’
and related drafts, emails, attachments and speaking notes;91
Various decision, information and transition notes, and related speaking
notes;92
Versions of a McAbee heritage site implementation plan;93
A document called “Fossil Management – Information for ELUC”;94 and
one called “Fossil Management Framework – NR sector”.95
Iterations of a timeline attached to an independent contractor agreement
(timeline);96
Versions of a policy review document about devolution of provincially
owned heritage properties;97
89 Aquasource Ltd. v. British Columbia (Freedom of Information and Protection of Privacy
Commissioner) 1998 6444 (BC CA) [Aquasource] at para 41.
90 Babcock v Canada (Attorney General), 2002 SCC 57 at para 18.
91 Pages 1630-1635 of part 1; pages 337, 342 -347, 350-356, 358-363, 407, 410-415 of part 2;
pages 435-447, 561-575, 580-595, 599-615, 618-633 of part 4 of the records in dispute.
92 Pages 169, 173-183, 1765 part 1; pages 180-181, 965, 975 part 2; pages 1183-1184 part 3;
pages 419, 424 part 4 of the records in dispute.
93 Pages 160, 164, 168, part 1, 633, 636, 637, 640, 641, part 6 of the records in dispute.
94 Page 740, part 1; pages 176, part 2. The title is revealed in affidavit #1 of the Stewardship
Officer at para 18(c).
95 Pages 490-493, part 2 of the records in dispute.
96 Page 1756, 1761 part 1 of the records in dispute.
97 Page 1904, part 1 of the records; duplicated at 1243, part 2 of the records; draft at page 1286
and pages 1315-1322 (withheld entirely) of part 2.