An alternate term for Breach of Confidentiality, is Breach of Trust.
It's  a  Criminal Offense. Charges can be laid  under the Criminal Code of Canada.
A charge is not a conviction.  A  judge  makes that determination after listening to legal arguments.
But first, a determination has to be made by the  appropriate official about  intent and  impact and the merits of laying a charge.
I do not claim proficiency in law.  I have the same sense of logic and fairness as any other citizen. In addition,I have experience acquired over many years  as an elected official.
I am as capable as any  of determining  public interest.
It is as follows;
In matters of litigation, the town takes legal advice. From time to time,Council must give authority  for certain steps to be taken.   Councillors must be informed. Conveying such information to a party litigating against the town is a Breach of  Public Trust.
It might be inadvertence.
It might be mischief.
It might be information traded in consideration of financial exchange.That's the baddy
Whatever the reason, if the town's interest is compromised, a  person  could  be found to be in  Breach of Trust.
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Two  other aspects of town business qualify for confidentiality.
The first is  individual right to privacy .
The second, labour negotiations.
Bargaining in good faith is required by law.
If Council gave authority to an  hourly rate increase between two figures and a Councillor  conveyed  the figures  to a union representative, the municipality's interest would be compromised.
That would be a Breach of Trust.
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In the matter of  individual right to privacy:
If an employee is terminated  and  decides to sue for unfair dismissal. The issue of course  becomes  the subject  of litigation.
A Councillor may become possessed of particular details.
Under  Rights to Privacy  and  because of litigation or potential litigation, the municipal interest may be  doubly compromised by  public release of details detrimental to the employee
or conversely, detrimental to the interest of the  municipality.
That would be a Breach of Trust.
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There's nothing complicated about the principles.
Most people, in their daily lives, have to make decisions about their own ,  their  family or their business  interest. As citizens of a society long governed by law, we have an intuition about what is right and just. Common Law is based on exactly that.
What we have to look out for in municipal politics are decisions  made behind closed doors that do not belong there
A closed door session used improperly  for the purpose of suppressing the public decision-making process, I think,  is a Breach of  Public Trust as surely as all the rest.
Wednesday, 5 May 2010
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