The province\u0027s highest court found there were no safeguards in place for the disclosure of the private medical records and it said the provincial government needs to rewrite that part of its law
The province’s highest court disagreed and held the appeal.
The Appeal Court found the lower court judge “erred in his analysis of the intrusiveness of the search and seizure authorized by the impugned provision” and his “balancing of relevant competing interests.”Article content In 2020, the director received concerns about T.L. and her intimate partner, Z.W., regarding their “mental health, drug use, unsanitary conditions in their home and possible neglect of T.L.’s two children.” In August 2020, the couple agreed to have Z.W.’s mother care for the children.Article content
The UHNBC disclosed records that were relevant to T.L., Z.W. and one of the two children. The records specific to T.L. covered 2013-2020, “predating the director’s involvement with her by four years,” the Appeal Court noted.Article content On Jan. 22, 2021, the director removed T.L.’s children from her and Z.W.’s care and a week later, T.L.’s lawyer asked that all of the section 96 requests be withdrawn and the records sealed. The director refused.
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