Monday, September 22, 2014

as Jessica Ernst / has become-------------The Applicant made a request under the Freedom of Information and Protection of Privacy Act for access to records relating to investigations regarding the causes of methane contamination in water wells in specific locations. Alberta Innovates - Technology Futures (the Public Body) applied section 17 (information harmful to personal privacy) to withhold the names of well owners, their contact information, and land descriptions. The Public Body also applied sections 16, (information harmful to business interests), 24, (advice from officials), and 25, (disclosure harmful to economic and other interests of a public body), to withhold information from the records. The Public Body required the Applicant to pay $4125 in fees for processing the access request. -------Regarding fees, the Adjudicator found that the Public Body had not established it spent the time preparing and searching for records for which it had required the Applicant to pay fees. The Adjudicator rejected the Public Body’s argument that it was appropriate to estimate two minutes per page of preparation time for the records, and determined that it had inappropriately charged for time spent reviewing records. The Adjudicator determined that the Public Body had established in the inquiry that its costs for both preparing the records and searching for them amounted to $297.----

adversity 
is the stone you push

you decide
if you will become stronger

or if the stone
will bury you

this is to say
you have shame and sorrow

you wonder
why this happened to you

but there are no answers
the universe randomly picks those it needs

and so here you are
the years pass

you work
for the children of Alberta

 the families
stay silent

but you go on
adversity can be the way out

or the grave marker
of a life that is buried by the failure

to rise to the challenges
that the universe provides



you decide
if you will be stronger

or weaker
you put down the words

to make a street
and a path

you make the map
of adversity

and as you push
the stone

you learn to be 
who you are

you show yourself
and become strong internally


we are the examples
we wish to be in the world

some of us
will be the failures of our society

although they are successful
externally


but if you choose
the way of internal strength

you will become
the gold standards of our world

as Jessica Ernst
has become


the price
is the time of your life

you get to decide
which way you will be in the world

Jessica Ernst
works for all of us in Alberta


and she is a woman
on fire


http://consequenceofsound.net/2014/06/edward-sharpe-part-ways-with-singer-jade-castrinos/

Edward Sharpe, with Castrinos in tow, performing on Off the Avenue back in 2012.


http://www.ernstversusencana.ca/donate


Donate

Jessica Ernst
Jessica, Magic and Bandit, photograph by Maggie Dickeson
You can help!Contributions made to Jessica will help pay for the countless ongoing expenses of a court case, including court fees, transcript costs, court document production costs, fees charged by experts to testify in court and numerous other costs that must be paid as the price of entry to the justice system.  Contributions may also go towards legal fees. Donations can be made online (below), or by sending a cheque made out to “Klippensteins, in Trust for Jessica Ernst” to Klippensteins Barristers & Solicitors, Suite 300, 160 John Street, Toronto ON, M5V 2E5.

Enter your information and click donate
 
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HPIM0905.JPG
 Magic after sunset at Rosebud.
does he still himself to see the future that is coming? by Julie Alie, June 28, 2013
Many thanks for the donations.
They're a huge help.

http://www.oipc.ab.ca/downloads/documentloader.ashx?id=3044

ALBERTA 


OFFICE OF THE INFORMATION AND PRIVACY 
COMMISSIONER 


ORDER F2012-06 


March 30, 2012 


ALBERTA INNOVATES – TECHNOLOGY FUTURES 


Case File Numbers F4743, F4762 


Office URL: www.oipc.ab.ca 
Summary: The Applicant made a request under the Freedom of Information and 
Protection of Privacy Act for access to records relating to investigations regarding the 
causes of methane contamination in water wells in specific locations. Alberta Innovates -
Technology Futures (the Public Body) applied section 17 (information harmful to 
personal privacy) to withhold the names of well owners, their contact information, and 
land descriptions. The Public Body also applied sections 16, (information harmful to 
business interests), 24, (advice from officials), and 25, (disclosure harmful to economic 
and other interests of a public body), to withhold information from the records. The 
Public Body required the Applicant to pay $4125 in fees for processing the access 
request. 
The Applicant requested review by the Commissioner, including review of the search 
conducted by the Public Body for responsive records. 
The Adjudicator determined that section 17 did not require the Public Body to withhold 
the personal information of well owners from the records, other than the contact 
information of one well owner. She determined that some of the information in the 
records was consistent with information subject to section 24(1)(a), but that the Public 
Body had not established that it had exercised its discretion reasonably when it elected to 
withhold information from these records under this provision. 

With regard to the information the Public Body had withheld under section 25(1), the 
Adjudicator found that section 25(2) of the FOIP Act applied, given that the information 
was the “results of environmental testing” within the terms of this provision. As section 
25(2) prohibits a public body from withholding environmental testing results under 
section 25(1), the information could not be withheld under section 25 of the FOIP Act. 
The Adjudicator ordered the remaining information to be disclosed. She also determined 
that the Public Body had not established that it had conducted an adequate search for 
responsive records that might be in its control, but not its immediate possession. She 
found that the Public Body had not established that the records it had withheld as 
nonresponsive were nonresponsive. She ordered it to reconsider its decision to withhold 
records and information on this basis. 
Regarding fees, the Adjudicator found that the Public Body had not established it spent 
the time preparing and searching for records for which it had required the Applicant to 
pay fees. The Adjudicator rejected the Public Body’s argument that it was appropriate to 
estimate two minutes per page of preparation time for the records, and determined that it 
had inappropriately charged for time spent reviewing records. The Adjudicator 
determined that the Public Body had established in the inquiry that its costs for both 
preparing the records and searching for them amounted to $297. The Adjudicator 
considered that the unsupportable nature of the fees calculated by the Public Body and 
the manner in which the Public Body had severed information from the records supported 
ordering a complete refund of fees, given that these factors had served to undermine the 
Applicant’s right of timely access to the records she had requested. 
Statutes Cited: AB: Freedom of Information and Protection of Privacy Act, R.S.A. 
2000, c. F-25, ss. 1, 4, 6, 10, 11, 16, 17, 24, 25, 72, 93 Freedom of Information and 
Protection of Privacy Regulation, Alberta Regulation 200/1995, ss. 7, 11 ON: Freedom 
of Information and Protection of Privacy Act, R.S.O. 1990, c. F-31, s. 18 
Authorities Cited: AB: Orders 96-006, 96-016, 97-020, 99-011, 2000-017, 2001-016, 
2001-025, F2002-002, F2005-011, F2007-029, F2008-018, F2008-028, F2008-031, 
F2008-032, F2009-010, F2009-028, F2010-001, F2010-036, F2011-001, F2011-002, 
F2011-015 ON: Orders P-1562, PO-1993, PO-2361. 
Public Government for Private People: The Report of the Commission on Freedom of 
Information and Individual Privacy 1980, vol. 2 (Toronto: Queen’s Printer, 1980) 
Access and Privacy Branch, Alberta Government Services. Freedom of Information and 
Protection of Privacy Guidelines and Practices 2009. Edmonton: Government of Alberta, 
2009. 
Barber, Katherine ed. et al. The Canadian Oxford Dictionary Don Mills: Oxford 
University Press, 2004 
Cases Cited: University of Alberta v. Pylypiuk, 2002 ABQB 22; Merck Frosst Canada 
Ltd. v. Canada (Health), 2012 SCC 3; Ontario (Public Safety and Security) v. Criminal
Lawyers’ Association, 2010 SCC 23, [2010] 1 S.C.R. 815; Ontario (Ministry of
Transportation) v. Ontario (Information and Privacy Commissioner) [2004] O.J. No.
224. 


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