Prince George, B.C. – What’s in a name? That is the question the BC Court of Appeal must answer in the case of Councillor Brian Skakun’s conviction  of violating the Freedom of Information and Protection of Privacy Act (FOIPPA).

Skakun’s lawyer, Jon Duncan,  has argued before the Court of Appeal that  FOIPPA applies to employees, directors and officers of a public body and as an elected official,  Councillor Skakun  does not fit that definition. Duncan says his client is covered by the Local Government Act, and while the penalty for releasing confidential information equals that levied under FOIPPA, he points out Councillor Skakun was not  charged under the Local Government Act. In effect, he is saying  his client should not have been found guilty  because the Crown erred in  laying the charge under the wrong Act.

The argument on the other side of this case is that  the Freedom of Information and Protection of Privacy Act “ is legislation that is broad in scope and meant to apply to all public bodies” said Madam Justice Daphne Smith who pointed out FOIPPA notes some  public officials who are exempt, then  asked “if elected officials are exempt, would they not be  listed?”

Duncan  responded with “An elected official cannot be interpreted  as an employee, officer or director of a local government.  If they meant it to be so, they should say so.”

Crown Counsel, Lesley Ruzicka  argues the legislation is “written in broad terms to  cover a number of different public bodies “Because it covers such a large body, the term ‘officer’ cannot be given a narrow definition”  She  says the definition must be broad and flexible enough to cover all sectors and in keeping with the two broad purposes of FOIPPA, namely the access to information and the protection of privacy.

She says FOIPPA is broad in its definitiona so as to "capture the mischief in the present case…to capture the elected official who took a document that contained personal  information that was provided in a closed meeting and walked it across the street to the media."

The  case goes back to  August of 2008 when a confidential report which had been reviewed by Council in a closed door session,  was leaked to the CBC and was published on that CBC’s website.  Councillor Skakun was  found guilty of breaching the Freedom of Information and Protection of Privacy Act  and fined $750.00  plus a 15% surcharge.  He appealed that verdict, but it was upheld by Justice Romily.

The BC Court of Appeal has reserved decision.