Background
Barbara McIsaac is Counsel in the Ottawa office of Borden Ladner Gervais LLP where she is a senior litigator. She also advises private sector clients, governments and government agencies on issues relating to trade and procurement law, Charter and Human Rights issues, legislative mandates, jurisdiction and the conduct of investigations. Barbara is one of the leading experts in Canada in privacy and access to information law and co-author of The Law of Privacy in Canada (Carswell, 2000). She served as senior counsel to the Somalia Inquiry and senior counsel for the Government of Canada for the Arar Inquiry.
Barbara received her LLB from Queen's University in 1973 and was called to the Ontario Bar in 1975. She was appointed Queen's Counsel in 1989.
Areas of Practice
· Appellate Litigation
· General Commercial Litigation
· Privacy and Access to Information
· Public and Administrative Law
· Trade and Procurement Law
Ranking and Recognitions
· Recognized in the 2012 edition of Chambers Global - The World's Leading Lawyers for Business (Public Procurement)
· Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Administrative and Public Law; Public Procurement)
· Recognized by The Best Lawyers in Canada© as the 2010 Ottawa Administrative and Public Lawyer of the Year.
· Martindale-Hubbell AV Peer Review Rating, including recognition by the Bar Register of Pre-eminent Women Lawyers (2011)
· Recognized in the 2011 Canadian Legal Lexpert Directory® (Litigation - Public Law)
Professional Experience
· Has appeared before all levels of courts in the Province of Ontario and the Federal Courts, including a number of appearances before the Supreme Court of Canada.
· Appears before administrative tribunals including acting as counsel before the Patented Medicine Prices Review Board
· Has acted as counsel in such varied cases as Pioneer Hi-Bred in which the Supreme Court of Canada decided that the Patent Act does not permit the patenting of life forms; Mossop v. The Attorney General of Canada in which the Supreme Court of Canada ruled on the interpretation of the term "family status" in the Canadian Human Rights Act; Southam v. The Queen in which the Ontario Court of Appeal ruled that the provisions of the Young Offenders Act prohibiting the publication of the names of the victims or offenders did not violate the Charter; and Haig v. The Queen in which the Court rules that the federal Human Rights Act violated the Charter by failing to include sexual orientation as a proscribed ground of discrimination.
· Has represented the House of Commons in cases involving the interpretation of Parliamentary Privilege.
· Appeared before the Supreme Court of Canada on behalf of the Canadian Constitution Foundation in the Kingstreet Investments case in which the court found there is a right to the return of illegally paid taxes; on behalf of the Commissioner of Official Languages in the Lavigne case in which the Court had to reconcile the obligations of the Commissioner with respect to confidentiality with the disclosure requirements of the Privacy Act; and in the Ruby case, where she represented the interests of the Canadian Security Intelligence Service with respect to the interpretation and application of the Privacy Act.
· Represented systems integrators, telecommunications companies, software manufacturers and military and aerospace manufacturing companies in diverse commercial litigation matters both as plaintiff and defendant.
· Also has represented private clients and the Federal Government in cases involving contract disputes, environmental matters, product liability, tort claims, professional liability and employment matters.
Professional and Community Activities
· Law Society of Upper Canada
· Carleton County Law Association
· Canadian Bar Association (Administrative, Aboriginal, Civil Litigation and Constitutional and Human Rights Law Sections)
· The Advocates' Society (Director 2004-2007) and Co-chair of the Administrative and Regulatory Law Section (2011)
· American College of Trial Lawyers
· Board, Federal Press, Charter and Human Rights Litigation
· Board of Directors of the National Capital YM/YWCA, 2006 - present
Barbara's publications include:
· The Law of Privacy in Canada, Carswell, 2000
Other Professional Activities, Publications and Speaking Engagements
· January 19, 2011 - IT.CAN Presentation "Enforcing Canada's Online Protection Legislation"
· July 26, 2010 - Association of Labor Relations Agencies "New Technologies and the Protection of Privacy"
· May 26 - 28, 2010 - International Association of Privacy Professionals " Five Court Cases that Changed Public-Sector Privacy"
· October 28-29, 2009 - Canadian Institute - Advanced Administrative Law and Practice - Panel participant "Defining the Scope of Tribunals' Privacy Obligations"
· May 27, 2009 - Canadian Institute - Paper and Presentation entitled 'Understanding How Privacy Issues can Emerge in the Conduct of Litigation'.
· November 21-22, 2008 - 2008 Canadian Bar Association, National Administrative Law and Labour and Employment Law CLE Conference.
· October 29, 2008 - Certified Fraud Examiners Conference - Fraud Investigators and Privacy Legislation in the Private Sector.
· May 8, 2007 - 45th Annual Canadian Association of Law Libraries Conference - An Argument Against "Rights Talk" - Privacy and National Security Issues.
· May 4, 2007 - 13th East Region Solicitors Conference 2007 - "Privacy Policy and Breaches Of It - Interesting Cases," October 17, 2002, The Canadian Institute - Employment Law - "Preparing Your Organization for a New Era of Privacy Protection."
· April 24, 2007 - In-House Privacy Seminar - "How to Deal with Privacy Breaches."
· November 9, 2006 - McCarthy Tétrault Anti-Money Laundering Seminar.
· November 1 to 4, 2006 - 2006 Law & Parliament Conference.
· October 19 to 20, 2006 - Canadian Institute 6th Annual Advanced Administrative Law & Practice.
· May 11, 2006 - Advocates' Society - Rise & Dine Mentoring Breakfast for women advocates.
· May 4, 2006 - Rotman School of Management Conference.