Federal Court Decisions

Date: 20000928

Docket: T-877-00

BETWEEN:

     CANADIAN TOBACCO MANUFACTURERS' COUNCIL,

     A and B (Confidential)

     Applicants

     - and -

     MINISTER OF NATIONAL REVENUE

     Respondent

     - and -

     INFORMATION COMMISSIONER OF CANADA

     Added Party

     - and -

     ROBERT CUNNINGHAM

     Added Party

     ORDER AND REASONS FOR ORDER

LEMIEUX J.:

[1]      By motion in writing dated August 31, 2000, the Information Commissioner of Canada (the "Information Commissioner") seeks directions from the Court arising out of its order and reasons for order dated August 18, 2000, granting leave to the Information Commissioner to appear as a party in this review applied for under section 44 of the Access to Information Act.

[2]      Specifically, the Information Commissioner requests an order under subsection 152(2) of the Federal Court Rules, 1998 (the "Rules") (a) limiting access to the confidential material filed by the Information Commissioner to those individuals who gave evidence before the Commissioner during his investigation; (b) that these individuals file related undertakings of confidentiality pursuant to Rule 152(2); and (c) that each solicitor of record for the applicants file an undertaking of confidentiality in conformity with Rule 152(2).

[3]      I do not agree with the Information Commissioner that access to the Information Commissioner's confidential material should be limited to those individuals who gave evidence during his investigation. Such proposed limitation is contrary to the spirit of my August 18, 2000 reasons granting reasonable access to the applicants and their counsel. Item (a) of the Information Commissioner's August 31, 2000 motion is therefore denied.

[4]      Subject to the above, I agree with the thrust of items (b) and (c) of the Information Commissioner's August 31, 2000 motion. The filing of an individual undertaking in the form and content set out in Rule 152(2) by each of the applicants' employees, those of the Minister of National Revenue/Canada Customs and Revenue Agency and each of counsel and all persons who will be assisting counsel having access to the Information Commissioner's confidential material was implicit in my August 18, 2000 reasons and is the only practical way the Court can enforce the undertaking.

[5]      Access control to the Information Commissioner's confidential material should remain under the authority of counsel upon being satisfied proper individual undertakings have been filed with the Court. As a matter of practice, copies of these signed undertakings should be forwarded to the Information Commissioner as a matter of record. In addition, each copy of the Information Commissioner's confidential material should be numbered by counsel for the applicants and the respondent and a record kept of which numbered copy was transmitted to which individual who has signed the undertaking.

     "François Lemieux"

    

     J U D G E

OTTAWA, ONTARIO

SEPTEMBER 28, 2000