An Alberta Court of Queen''s Bench decision released last September agreed with AUPE that financial documentation from private seniors care operators funded by Alberta Health Services can''t be withheld from public scrutiny.
The ruling is an important victory for AUPE members and the residents they care for, as well as for all Albertans who deserve to know how public funds are being spent. The union has long been pushing the government to openly disclose how public health funding is being used by for-profit private care operators.
The court decision dates back to a 2012 information request filed by AUPE under freedom of information laws. In 2014, Alberta''s Privacy Commissioner ordered the documents released to AUPE.
Two seniors care companies - Park Place Seniors Living and Revera - fought the release of the information, with a number of other private operators joining the appeal and claiming the release of the information would hurt their business interests.
But AUPE held the position that the public has a right to know how these companies are spending government funding. The judge in the case ultimately agreed.
In his decision, Justice Robert Graesser noted: "It is regrettable that the delays now inherent in proceedings such as this likely make the result of this application moot, as the requested information is now some five years out of date."
Despite the delays, AUPE welcomed the decision, and, more importantly, the precedent that it sets for future freedom of information requests.