On December 9th, the British Columbia Supreme Court held that the British Columbia OIPC erred in its handling of a claim that the identities of BC Hydro employees who had evaluated an RFQ for services at a controversial hydroelectric project should be withheld. Hydro argued that identifying information may be withheld due to the potential harm to the employees’ physical and mental health.
The Court held that the OIPC improperly elevated the test for harm set out in the Supreme Court of Canada’s Merck decision – more than a possibility but less than a probability. Helpfully, it said the OIPC was wrong to suggest that Hydro “had to establish some employees were physically hurt or employees suffered from mental health issues before bringing itself within the [applicable exemption.” It also said, “I am also troubled by the Delegate’s comment that there was no evidence proffered from employees regarding how the disclosure of their names might threaten their mental health… It was unreasonable to expect such evidence in the circumstances.”
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