Rubin v. Canada ( Clerk of the Privy Council )
T-2651-90 / T-1587-91 / T-1391-92
Muldoon J.
25/3/93
13 pp.
Application for review of refusal to disclose exact per diem rates paid to certain Governor in Council appointees -- Access to Information Act, s. 19 providing head of government institution shall refuse to disclose personal information -- S. 19(2)(c) permitting disclosure of personal information if disclosure in accordance with Privacy Act, s. 8 -- Privacy Act, s. 3 definition of "personal information" excepting from prohibition of disclosure of personal information classification, salary range and responsibilities of position held by officer or employee of government institution -- Also excepting discretionary benefit of financial nature -- Application of rule of interpretation "expressio unius est exclusio alterius" -- As only "salary range" included in exception to "personal information", specific salary, monetary remuneration remaining within "personal information" -- S. 8(2)(m)(i) permitting disclosure of personal information "for any purpose where, in the opinion of the head of the institution, the public interest in disclosure clearly outweighs any invasion of privacy which could result from the disclosure" -- In performing review, statute conferring on Court "independently of government" duty and right to prefer own view of public interest's weight over opinion of head of government institution -- Disclosure of information requested would destroy privacy of specific remuneration prescribed by Parliament -- Judiciary must never slip into defiance of Parliament, since country founded on principles of rule of law -- Also bespeaks public interest -- Public interest not residing in disclosure of individuals' specific remuneration herein -- Not clearly outweighing any invasion of privacy norm -- If government "enriching its pets" at undue public expense, public interest would favour disclosure -- Access to Information Act must never operate to cover up folly and bad government -- "Discretionary benefit of financial nature" not only referring to gratuitous benefits -- In interest of internal consistency "discretionary benefit of financial nature" exception not invoked in order to comply with Parliament's specification of salary range alone as exception to personal information -- Information publicly available should be disclosed -- Non-monetary remuneration conferred upon Government in Council appointee discretionary benefit of financial nature to be disclosed -- Access to Information Act, R.S.C., 1985, c. A-1, ss. 2, 19, 41 -- Privacy Act, R.S.C., 1985, c. P-21, ss. 3, 8(2).