sask. government gets involved in court spat between motorist and sgi
the provincial government has taken issue with a judge's characterization of driving as a "right," according to recently filed court documents.
aug 14 2024
3 minute read
the saskatchewan government has been given status as an intervener in a court case between sgi and a motorist who was seeking to find out who filed a confidential report questioning his fitness to drive.
brandon harder
as a motorist continues his struggle to find out who reported him as unsafe behind the wheel, the saskatchewan government has waded into the fray with an eye on privacy law.
back in 2019, saskatchewan government insurance (sgi) told damon giesbrecht that unless he submitted paperwork on his health filled out by a doctor, his licence would be suspended.
it was to include information regarding “any underlying medical conditions and use of prescribed or nonprescribed treatments which could be causing impairment of the functional ability to drive — such as medical marijuana.”
giesbrecht did as the insurance provider asked and he maintained his licence, but he’s spent years trying to find out who raised the initial concern about his driving fitness, which prompted sgi to take the steps it did.
in april of 2023, a court of king’s bench judge finally ordered that sgi had to release the information to giesbrecht, but the crown corporation filed an appeal instead. the appeal is still pending, and now the saskatchewan government is involved after being granted status as an intervener.
the government, through a written submission dated july 30, states it “takes no position on the underlying dispute.”
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the government’s interest, it says, is in the interpretation of privacy law.
in its initial court battle with giesbrecht, sgi cited section 38 of the health information protection act (hipa) as its reason for withholding the information.
that section states information can be withheld if releasing it “ could interfere with a lawful investigation or be injurious to the enforcement of an act or regulation.”
essentially, the government’s written submission (technically called a factum) states it is looking for clarity from the court on how to interpret that part of the law, noting the interpretation will also have an effect on the freedom of information and protection of privacy act (foip).
clarity is needed so government employees can properly apply the law when handling information, the factum states, noting that the government’s “traditional” interpretation is different than the one adopted by the king’s bench judge.
giesbrecht’s case engages the issue of information being withheld due to potential harm from releasing it. while the government states its understanding was that, in cases such as giesbrecht’s, information could be withheld when harm is “merely possible,” the factum contends the judge determined that there needed to be “a reasonable expectation of probable harm” — a higher “standard of harm.”
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the government submits that its traditional interpretation is backed by the provincial information and privacy commissioner (ipc) as well as the supreme court.
the factum notes the government also takes issue with the judge characterizing driving as a “right.”
“there is no right to drive in saskatchewan. it is a privilege,” the factum reads.
“saskatchewan believes that the characterization of driving as a right led the chambers judge to consider a standard of harm higher than has been established by the legislation and supported by the ipc and the supreme court of canada.”
a hearing date has not yet been scheduled for parties to present oral arguments on the case.
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