What is the test for "reasonableness" in determining the extent of a Custodian's duty?
Alberta, Canada
The following excerpt is from Capital Health v. Alberta (Information and Privacy Commissioner), 2009 ABQB 333 (CanLII):
Reasonableness is concerned with the existence of justification, transparency and intelligibility within the decision‑making process: Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 47, [2008] 1 S.C.R. 190. I find that this aspect of the decision is unreasonable in the sense that one cannot ascertain from it whether the Adjudicator addressed his mind to the statutory qualification of the Custodian's duty contained in s. 14(3), and if he did, the practical import of the decision in defining the extent of the duty. Conclusion
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