Environmental Privacy

On February 19, 2015, the Supreme Court of Canada declined to hear an appeal challenging a finding that settlement agreements reached through the Environmental Appeals Board's mediation process are privileged. In May 2014, the Alberta Court of Appeal issued its decision in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner) where the Court held that the Alberta Information and Privacy Commissioner ("Privacy Commissioner") erred in concluding that an agreement between Imperial Oil Limited ("IOL") and Alberta Environment (as it was then called) reached through a mediation process was not privileged and therefore had to be disclosed in response to an information request under the Province's Freedom of Information and Protection of Privacy Act.