Linda Xiaoqiao Chen.

Good afternoon, Chief Justice and Justices.

I appear today, along with my colleague, Brendan Gray, to address the position of the Ontario Information and Privacy Commissioner, Ontario IPC, on three issues.

First, the Ontario IPC respectfully submits that where a statute inherently balances certain charter rights or values, this court should provide guidance that a Dory analysis is not always required and is only required when the charter rights and values at issue are those other than those inherently balanced or accounted for in the statute or when a party has raised clear specific and detailed arguments about how the charter rights and values apply to the specific facts of that dispute now why do we care about obtaining this guidance in this appeal In this appeal, the British Columbia's Personal Information and Privacy Act is designed to account for and balance the Charter rights and values with respect to freedom of expression and protection of privacy, to which the individual respondents requested access to their personal information which engages freedom of expression and the elders wished to resist access to their own personal information which engages personal privacy.

Like PIPA, Ontario IPC's home statutes are designed to account for and balance the Charter values of personal privacy and freedom of expression with respect to access to personal information.

In addition, under Ontario's Freedom of Information and Protection of Privacy Act , there is a second purpose to provide a presumptive right of access to information held by public institutions.

Now, this presumptive right helps facilitate the public's ability to comment on the operations of public bodies, and this relates to the charter value and right of freedom of expression.

Linda Xiaoqiao Chen.

Good afternoon, Chief Justice and Justices.

I appear today, along with my colleague, Brendan Gray, to address the position of the Ontario Information and Privacy Commissioner, Ontario IPC, on three issues.

First, the Ontario IPC respectfully submits that where a statute inherently balances certain charter rights or values, this court should provide guidance that a Dory analysis is not always required and is only required when the charter rights and values at issue are those other than those inherently balanced or accounted for in the statute, or when a party has raised clear, specific, and detailed arguments about how the Charter of Rights and Values apply to the specific facts of that dispute.

Now, why do we care about obtaining this guidance in this appeal? In this appeal, the British Columbia's Personal Information and Privacy Act is designed to account for and balance the Charter rights and values with respect to freedom of expression and protection of privacy, to which the individual respondents requested access to their personal information, which engages freedom of expression, and the elders wished to resist access to their own personal information, which engages personal privacy.

Like PIPA, Ontario IPC's home statutes are designed to account for and balance the Charter values of personal privacy and freedom of expression with respect to access to personal information.

In addition, under Ontario's Freedom of Information and Protection of Privacy Act , there is a second purpose to provide a presumptive right of access to information held by public institutions.