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ARTICLE · 10 AUGUST 2023

Individuals' Privacy Interests

Osler, Hoskin & Harcourt LLP
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In April 2017, a newspaper company published documents relating to the plaintiff, Jean Charest, former Premier of Québec, obtained or created by Québec's anti-corruption agency...

CanadaPrivacy
Kristian Brabander
Kristian Brabander
Robert Carson
Robert Carson
Tommy Gelbman
Tommy Gelbman
Jessica Harding
Jessica Harding
Craig Lockwood
Craig Lockwood
Julien Morissette
Julien Morissette
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Charest c. Procureur général du Québec, 2023 QCCS 1050

Read more about the case: Charest c. Procureur général du Québec, 2023 QCCS 1050

Facts

In April 2017, a newspaper company published documents relating to the plaintiff, Jean Charest, former Premier of Québec, obtained or created by Québec's anti-corruption agency, the Unité permanente anticorruption (UPAC). The documents were leaked to the press in the context of an investigation into sectoral financing by the Québec Liberal Party when it was the ruling party. This was – and still is – a high-profile case.

Decision

The Superior Court of Québec ruled in favour of the plaintiff, awarding $35,000 in compensatory damages and $350,000 in punitive damages. The Court found that UPAC had failed to protect Mr. Charest's personal information, contrary to the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information. Under the Act, disclosure of

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