Updated hot off the press: A Guide to Appeals

August 20, 2020 - Ron Kruzeniski, Information and Privacy Commissioner

When my office issues a report and makes recommendations, the head of the public body has 30 days to decide whether to follow those recommendations or not. Once the head makes the decision and notifies the applicant, the applicant has 30 days to appeal the decision of the head. The appeal is not regarding my office’s recommendations but an appeal of the decision of the head to follow or not follow the recommendations.

If it is your first time in appealing the decision of the head, you may struggle with the procedure to launch and proceed with your appeal. A year ago I posted a Guide to Appealing the Decision of the Head. This guide first tries to summarize the comments of judges in our province regarding the appeal procedure. Second, it suggests the steps you can take to proceed with your appeal. Third, it gives you some sample forms that you might adapt to your particular case. I need to emphasize the forms are there as a starting point and should not be slavishly followed. The forms are a starting point for an appellant to use and change to fit the circumstances.

On August 4, 2020, the Court of Appeal made comments about the appeal process under The Freedom of Information and Protection of Privacy Act (FOIP). Chief Justice Richards, at paragraphs 41 and 47, made important comments about the appeal process under FOIP. This case can be found at Leo v Global Transportation Hub Authority, 2020 SKCA 91 (CanLll). I have updated the Guide to Appealing the Decision of the Head and incorporated the comments of the Chief Justice at pages 8 and 9.

Please take a look at the guide to appeals here: Guide to Appealing the Decision of a Head of a Government Institution, or a Local Authority, or a Health Trustee.

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