Date: 20000719
Docket: T-1111-98
BETWEEN:
SHELDON BLANK & GATEWAY INDUSTRIES LTD.,
Applicants
- and -
THE MINISTER OF THE ENVIRONMENT
Respondent
REASONS FOR ORDER
GIBSON J.:
INTRODUCTION
[1] These reasons arise out of an application pursuant to section 41 of the Access to Information Act1 (the "Act") for a review of a refusal by the respondent to disclose certain of the records requested by the applicants by request dated on or about the 14th of February, 1997, as subsequently amended.
[2] The applicants" original request for disclosure was in the following terms:
| Documents distributed in advance of the new Pulp and Paper Mill Effluent Regulations P.C. 1992-961 9 May, 1992. |
| The distribution list itself. |
| Communications between Environment Canada and D.F.O. [the Department of Fisheries and Oceans] with regards to possible prosecution of S. Blank and Gateway Industries Ltd. |
| The contents of the following files: 4186-NW-2978; 4236-37/A151; 4236-1; 4236-37/G; 4236-37/G196; 4236-3; 4808-6 (HQ); 4192-12; and ISB/RRD#51816.2 |
[3] By letter dated the 10th of March, 1997, an official in the respondent"s Ministry wrote to the applicant Mr. Blank, noting that, in addition to the foregoing and the contents of the above list of files, the respondent understood Mr. Blank to be seeking access to the following:
| 1. the content of file no. 4192-12 entitled "Investigations" for the period of May 7/92 to the present. |
| 2. the content of file no. 4236-37/G151 entitled "Abitibi - Price Paper Co." from 1990 to the present. However you indicated you only want the information pertaining to the Abitibi - Price Pinefalls Mill. |
| 3. the content of file no. 4236-37/G196 entitled "Gateway Industries Paper Mill Ltd." for the period of 1984 to the present. |
[4] The applicants were assessed a $610 "search and preparation" fee. The total fee was promptly paid. Partial releases were made on the 30th of April, 1997 and the 14th of July of the same year. In respect of the partial releases, the applicants paid a photocopying fees of $214.60 for a total of 1,073 pages.
[5] On the 31st of July, 1997, the applicants filed a complaint with the Information Commissioner of Canada (the "Commissioner"), pursuant to sections 30 and 31 of the Act , by reason of a deemed refusal under subsection 10(3) of the Act. As a result of the intervention of the Commissioner, the respondent committed itself to fully respond to the applicants" request by the 30th of September, 1997.
[6] The respondent failed to meet its commitment. In a further letter to the applicants dated the 29th of September, 1997, the Commissioner reported that, while the respondent had earlier estimated that there remained approximately 2,600 pages of records to process, there were in fact some 6,000 pages. The Commissioner found no "bad faith" on the part of the respondent. The final response date was extended to the 28th of November, 1997.
[7] On the 30th of September, 1997, the respondent apparently made a third partial release of 745 pages. In respect of this release it assessed a further photocopying fee, this time in the amount of $149.
[8] The applicants filed a further complaint with the Commissioner on the 9th of October, 1997, once again regarding a deemed refusal under subsection 10(3) of the Act. The applicants noted that "many of the records requested" had not been provided and that the respondent "...claimed numerous exemptions under the Act since I made my initial request on February 14, 1997." The applicants noted two further concerns: first, confusion over the breadth of the applicants" request and second, regarding a particular withholding of documents.
[9] On the 28th of November, 1997, the respondent wrote to the applicants making further disclosures, noting that, in light of delay, a photocopying fee of approximately $1,000. was being waived and indicating that certain other documents were still being processed. The respondent indicated that a further response would be provided "...regarding most of these records..." within thirty days.
[10] The respondent again wrote to the applicants on the 23rd of December, 1997 making further disclosure, once again with certain documents and information being withheld, and indicating that some documents remained to be reviewed and possibly disclosed. A further photocopying fee of $61. was waived.
[11] Further disclosure was made on the 18th of February, 1998. Once again, there was an indication that the process was not completed. Once again, a photocopying fee was waived, this time in the amount of $15.80.
[12] A "final" response was dated the 18th of March, 1998. Further disclosure accompanied that response. Once again a photocopying fee, this time in the amount of $29., was waived.
[13] In the course of the foregoing saga, substantial documentation was withheld from disclosure on the basis of a number of provisions of the Act. Further disclosures out of the documents withheld in whole or in part continued to be made up to the dates of the hearing of this application on the 29th and 30th of November, 1999 and, indeed, following the hearing.
[14] On the 23rd of April, 1998, the Commissioner wrote to the applicants "...to report the results of our investigation of your allegations that all relevant records may not yet have been identified for review as well as the appropriateness of the exemptions applied by [the respondent] in the matter of your request made under the [Act ]." The Information Commissioner upheld the exemptions made by the respondent. He wrote in conclusion:
| A total of approximately 7,655 pages were processed in response to your request. I state "approximately" since some pages have an A,B,C, etc., suffix. The page number, however, remained the same. [The respondent] released the majority of the records to you. However, as you are no doubt aware, some information remains exempted. Based on our review, 982 pages were either exempted totally or partially. From this number, 429 pages contain information which relates to Gateway Industries and 553 pages which, in my opinion, do not pertains specifically to Gateway Industries. ... |
| Based on the above, I will record your complaint as resolved. You may be assured, however, that I have informed [the respondent] of my views that you were not provided with the quality of service you have a right to expect under the Act. |
| If you do not agree with my conclusion that you have received all the relevant records to which you are entitled, you have another avenue of recourse. |
| Having now received the report of my investigation, you have the right to apply to the Federal Court of Canada for a review of [the respondent"s] decision to deny you access to requested records. ... |
[15] In the result, this application followed. As indicated earlier, further releases have since been made. At the time of the hearing before me, approximately 544 pages of records and one video tape remained withheld, in whole or in part, and in dispute.
BACKGROUND
[16] Gateway Industries Ltd. (the "corporate applicant") is the owner of a paper mill operating in the city of Winnipeg. The corporate applicant had, for many years prior to this matter arising, deposited the effluent from its paper mill into the city of Winnipeg sewer system under licence from that city and had paid substantial fees in connection with the licence. Sheldon Blank (the "personal applicant") was at all relevant times, and, at the date of the hearing of this matter, continued to be the directing mind behind the corporate applicant.
[17] The corporate applicant"s property was equipped with a catch basin which gathered ground water which was discharged through a discharge pipe leading from the catch basin into the Red River in the city of Winnipeg.
[18] In the spring of 1993, the corporate applicant obtained temporary permission in writing from the province of Manitoba to discharge mill effluent into the Red River, in order to minimize the fees charged by the city for depositing such effluent into the city sewer system. The new practice of discharging effluent directly into the Red River came to the attention of the respondent. The respondent expressed concern to the applicant and noted the jurisdiction of the Government of Canada in the matter. In response, the corporate applicant indicated to the respondent that it would resume its former practice of depositing all of its effluent into the city sewer system until the respondent"s concern was resolved. During 1994, the respondent"s investigators observed the activities of the corporate applicant and determined that it was continuing to discharge effluent directly into the Red River. The corporate applicant, in contrast, urged that the only discharge into the Red River during 1994 was of ground water from the catch basin.
[19] The respondent executed a search warrant in January of 1995 and charges were laid against the applicants in July of the same year for breach of reporting requirements and for depositing effluent directly into the Red River.
[20] The charges relating to breach of the reporting requirements were quashed. Five charges relating to depositing of mill effluent, adjourned on a number of occasions, were scheduled to proceed on the day the hearing of this application commenced at Winnipeg, Manitoba, that is to say, the 29th of November, 1999.
[21] Not without some difficulty before the appropriate criminal court, the applicants received extensive disclosure from the Crown in connection with the remaining charges. The applicants determined this disclosure to be inadequate and sought through this application to inform themselves about the respondent"s entire process. It was to this end that the applicants" access to information request was made and has been pursued to the level of this Court.
THE SCHEME OF THE ACT AND THE RELEVANT PROVISIONS
[22] The relevant provisions of the Act for the purposes of this application, which are numerous, are set out in Schedule "A". For ease of reference, the purpose of the Act as set out in subsection 2(1) and the "right of access" provided by subsection 4(1) are set out here:
2. (1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.
...
2. (1) La présente loi a pour objet d'élargir l'accès aux documents de l'administration fédérale en consacrant le principe du droit du public à leur communication, les exceptions indispensables à ce droit étant précises et limitées et les décisions quant à la communication étant susceptibles de recours indépendants du pouvoir exécutif.
...
4. (1) Subject to this Act, but notwithstanding any other Act of Parliament, every person who is
(a) a Canadian citizen, or
(b) a permanent resident within the meaning of the Immigration Act,
has a right to and shall, on request, be given access to any record under the control of a government institution.
4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_:
a) les citoyens canadiens;
b) les résidents permanents au sens de la Loi sur l'immigration.
[23] In Dagg v. Canada (Minister of Finance)3, Mr. Justice LaForest, for the minority,
wrote at pages 432 to 434:
| The overarching purpose of access to information legislation... is to facilitate democracy. It does so in two related ways. It helps to ensure first, that citizens have the information required to participate meaningfully in the democratic process, and secondly, that politicians and bureaucrats remain accountable to the citizenry. ... |
| Access laws operate on the premise that politically relevant information should be distributed as widely as reasonably possible. ... |
| Rights to state-held information are designed to improve the workings of government; to make it more effective, responsive and accountable. Consequently, while the Access to Information Act recognizes a broad right of access to any record under the control of a government institution"..., it is important to have regard to the overarching purposes of the Act in determining whether an exemption to that general right should be granted. |
[24] Mr. Justice Cory, for the majority, wrote at page 412:
| I have read the careful and extensive reasons of Justice LaForest. I agree with his approach to the interpretation of the Access to Information Act,... |
[25] In Rubin v. Canada (Minister of Transport)4, Mr. Justice McDonald wrote at paragraphs 22 to 24:
| In Rubin v. Canada (Clerk of the Privy Council) this Court also affirmed the significance of subsection 2(1) of the Act. The Supreme Court of Canada has also highlighted the importance of the underlying purpose of the Act in construing its provisions. In Dagg v. Canada (Minister of Finance), Justice LaForest made the following remarks: |
| [there follows a portion of the quotation from the reasons of Mr. Justice LaForest in Dagg that appears above] |
| in my opinion, therefore, all exemptions must be interpreted in light of this clause [subsection 2(1)]. That is, all exemptions to access must be limited and specific. This means that where there are two interpretations open to the Court, it must, given Parliament's stated intention, choose the one that infringes on the public's right to access the least. It is only in this way that the purpose of the Act can be achieved. It follows that an interpretation of an exemption that allows the government to withhold information from public scrutiny weakens the stated purpose of the Act. |
| It is important to emphasize that this does not mean that the Court is to redraft the exemptions found in the Act in order to create more narrow exemptions. A court must always work within the language it has been given. If the meaning is plain, it is not for this Court, or any other court, to alter it. Where, however, there is ambiguity within a section, that is, it is open to two interpretations... then this Court must, given the presence of section 2, choose the interpretation that infringes on the public's stated right to access to information contained in section 4 of the Act the least. [citations omitted] |
[26] Consistent with the foregoing, section 48 of the Act provides that the burden of establishing that the head of a government institution, here the respondent, is authorized to refuse to disclose a record requested under the Act is on the government institution concerned.
[27] In Canada (Information Commissioner) v. Canada (Prime Minister)5, Rothstein J., as he then was, wrote at page 476:
| ...In short, the heavy onus placed on the party seeking to maintain confidentiality must be satisfied in a formal manner on a balance of probabilities through clear and direct evidence. I will have more to say about this later. |
Rothstein J. continued at page 478:
| The jurisprudence indicates that the Government or party seeking to maintain confidentiality must demonstrate its case clearly and directly. The Act itself, in subsection 2(1), states that exemptions from disclosure must be limited and specific. By inference I think it is clear that a general approach to justifying confidentiality is not envisaged. |
ISSUES
[28] The hearing of this application took place at Winnipeg, Manitoba on the 29th and 30th of November, 1999. By orders dated the 22nd of November, 1999, following a hearing that day, my colleague Mr. Justice Campbell dealt with an interlocutory motion filed on behalf of the respondent on the 3rd of November, 1999 in which the respondent sought leave to file supplementary affidavits and a supplementary record and dealt in part with an interlocutory motion on behalf of the applicant, filed the 10th of November, 1999, seeking rather extensive relief. Mr. Justice Campbell dismissed the respondent"s motion "...on the basis that it could have been made at a much earlier date, and allowing the motion at this late date will potentially disrupt the hearing scheduled for November 29th and 30th, to the prejudice of the Applicant." His order with respect to the applicant"s motion, which recites the reliefs sought on behalf of the applicant, is attached as Schedule "B" to these reasons. As can be seen from that order, the sufficiency of compliance with an earlier order in this matter of Madame Justice Reed, dated the 27th of April, 1999, and the effect of any failure to comply with that order, was left to the discretion of the Justice hearing the access application itself. Thus, disposition of those aspects of the applicant"s interlocutory motion filed the 10th of November, 1999 was the first issue before me.
[29] The substantive issue on this application, easily stated but more difficult of determination in quantitative terms at least, is the following: had the respondent, in the case of each record or portion of a record in respect of which an exemption was claimed on a basis that falls within section 50 of the Act, reasonable grounds on which to refuse to disclose the record or portion thereof; and was the respondent, in the case of each record or portion of a record to which section 49 or 50 of the Act applies, authorized in law to refuse to disclose the record or portion thereof?
ANALYSIS
[30] By letter dated the 25th of November, 1999, counsel for the respondent wrote to the Court, with a copy to counsel for the applicant, in the following terms:
| In accordance with the Order of the Honourable Madame Justice Reed pronounced April 27, 1998 (sic) and as was agreed before the Honourable Mr. Justice Campbell on November 22, 1999, the respondent has undertaken a further review of the remaining records for with (sic) solicitor-client privilege was claimed under section 23 of the Access to Information Act. |
| Accordingly, we enclosed a revised listing of the records for which solicitor-client privilege continues to be claimed by the respondent, which listing includes the information specified in the Order of the Honourable Madame Justice Reed. |
The enclosed "revised listing" extended to some thirteen (13) pages and dealt with an extensive list of records. This disclosure was made some three (3) clear days before the scheduled hearing of this matter and almost seven (7) months after the date of Madame Justice Reed"s Order. That being said, this disclosure was made only fifteen (15) days after the date an application seeking further and better disclosure was filed and only three (3) days after the date of hearing of that application.
[31] Against the foregoing brief background, I turn to the issue of the "...sufficiency of compliance with Justice Reed"s Order dated April 27, 1999, and the effect of any failure to comply..." with that order which, by the terms of Mr. Justice Campbell"s Order of the 22nd of November, was deferred to me.
[32] In a memorandum dated the 18th of April, 2000, addressed to the Registry of this Court, I requested that an earlier version of Schedule "C" to these reasons, to which I will shortly refer, be sent to counsel for the parties with a note, in part to the following effect:
| The Court has now had an opportunity to consider the outstanding portions of the applicant"s motion dealt with in part by an Order of the Honourable Mr. Justice Campbell dated the 22nd of November, 1999. The outstanding portions of the applicant"s application are dealt with by Mr. Justice Campbell at the bottom of page 3 and top of page 4 of his Order in the following terms: |
| WITH RESPECT TO ORDERS 2 AND 3: |
| I find that the sufficiency of compliance with Justice Reed"s Order dated April 27 1999 and the effect of any failure to comply is best left with the Justice hearing this application on November 29th , and, accordingly I defer these issues to that Justice"s discretion; |
| The Court has also had an opportunity to review the material attached to a letter from Robert B. Lindey, counsel, Department of Justice, to the Court with copies to counsel who appeared before the Court on this matter on November 29 and 30, 1999 as well as to review on a record by record basis, all of the records that, to the Court"s best understanding, remain in dispute. |
| On the basis of the consideration and review undertaken by the Court, the Court proposes to dismiss the outstanding portion of the applicant"s motion on the basis of delay in bringing the motion, the respondent"s counsel"s further disclosure reflected in the attachments to the letter dated the 25th of November and on the basis of the Court"s own review of the records remaining in dispute. |
My note was transmitted to counsel by the Registry on the 19th of April, 2000. The disposition of the outstanding portions of the applicant"s motion filed the 10th of November, 1999 will be in accordance with the foregoing quotation and for the reasons indicated in that quotation. I find that, only on the 25th of November, 1999, as earlier indicated, three (3) clear days before the hearing of the substantive application, did the defendant effectively comply with the Order of Madame Justice Reed made some seven (7) months earlier. That will be a factor that will be taken into account when I come to a consideration of the issue of costs on the substantive application.
[33] I turn now to the substantive issue on this application. For ease of reference, sections 49 and 50 of the Act are repeated here. Those sections read as follows:
49. Where the head of a government institution refuses to disclose a record requested under this Act or a part thereof on the basis of a provision of this Act not referred to in section 50, the Court shall, if it determines that the head of the institution is not authorized to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof,
subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
49. La Cour, dans les cas où elle conclut au bon droit de la personne qui a exercé un recours en révision d'une décision de refus de communication totale ou partielle d'un document fondée sur des dispositions de la présente loi autres que celles mentionnées à l'article 50, ordonne, aux conditions qu'elle juge indiquées, au responsable de l'institution fédérale don"t relève le document en litige d'en donner à cette personne communication totale ou partielle; la Cour rend une autre ordonnance si elle l'estime indiqué.
50. Where the head of a government institution refuses to disclose a record requested under this Act or a part thereof on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
50. Dans les cas où le refus de communication totale ou partielle du document s'appuyait sur les articles 14 ou 15 ou sur les alinéas 16(1)c) ou d) ou 18d), la Cour, si elle conclut que le refus n'était pas fondé sur des motifs raisonnables, ordonne, aux conditions qu'elle juge indiquées, au responsable de l'institution fédérale don"t relève le document en litige d'en donner communication totale ou partielle à la personne qui avait fait la demande; la Cour rend une autre ordonnance si elle l'estime indiqué.
[34] I have reviewed each of the records in respect of which the respondent continues to maintain an exemption, in whole or in part. The results of that review are reflected in Schedule "C". Where I have indicated that an exemption is sustained, I am satisfied that, against whichever of sections 49 and 50 of the Act is applicable, the exemption is fully sustainable. Where I have indicated that an exemption is sustained in part only or that severance should take place, once again against the appropriate test in sections 49 and 50, I am satisfied that the claimed exemption can be sustained only in respect of the portion or portions of the record indicated. Where I have indicated that an exemption is not sustained, once again against the appropriate test in sections 49 and 50, I am satisfied that there is no basis for the claimed exemption in respect of any part of the record for which an exemption has been asserted.
[35] As earlier indicated, I wrote to the Registry of the Court on the 18th of April 2000, requesting that a communication in terms that I provided be provided to counsel for the parties. A further portion of that communication reads as follows:
| Attached are a number of pages, numbered 23 to 50 and headed "Schedule "B" ", that list all of the records reviewed by the Court, numbered consecutively, with references to the page numbers of the records enclosed in the sealed envelopes provided to the Court, to the bases of exemptions claimed, and with comments indicating the Court"s proposed disposition with respect to each of the claims and records. |
| The Court would appreciate it if counsel would review the attached pages to ensure that only records that remain in dispute are dealt with, all records that remain in dispute are dealt with and all claimed bases of exemption with respect to each record have been dealt with. This request is made particularly having regard to the difficulty the Court had in interpreting the list of records remaining in dispute that was provided to the Court, as that list was further modified by correspondence provided to the Court following the close of the hearing of this matter. |
| The Court would also appreciate receiving submissions from counsel as to remedies in the light of the conclusions reflected on the attached pages and taking into account sections 49 and 50 of the Access to Information Act, and as to costs taking into account section 53 of the Act. |
| The Court regrets the amount of time that it has taken to get to this point in reaching a decision on this matter and would appreciate hearing from counsel at the earliest possible time. |
| The Court would be pleased to entertain any request for a brief teleconference hearing that might facilitate finalization of submissions and the draft reasons to which the attached pages will form a Schedule "B". |
With some modifications, a description of which follows, the pages referred to in the foregoing quotation constitute Schedule "C" to these reasons.
[36] Following distribution of the foregoing, counsel who appeared for the applicant on this matter requested distribution of the draft reasons to which the distributed material related. While the Court had, at the close of the hearing, indicated the draft reasons would be distributed, I was satisfied that the distributed material constituted a detailed description of the outcome of the application and, since I was not prepared to entertain a rehearing regarding my description of the introduction, background, legislative scheme and recent jurisprudence that I consider provided important judicial guidance, and of the issues statement, I advised that no further distribution would take place. In the end, this matter was further considered by teleconference on the 1st of June, 2000. Counsel for the respondent provided some useful commentary on the record by record analysis, as well as submissions on remedy and costs. While counsel for the applicant who appeared at the hearing of this matter was present for the teleconference, he advised the Court that his instructions were to request that the Court reach a "speedy decision" and that he was to make no further submissions. I advised counsel that "My evaluation of the various records is not up for discussion...".
[37] The following is a brief summary of the modifications made to the distributed material to produce what now constitutes Schedule "C" to these reasons. The modifications all flow from the submissions received during the teleconference. References to record numbers and page numbers are to those record and page numbers as they appear in Schedule "C".
| I was advised that I had omitted to consider exemption claims under paragraphs 20(1)(b) and (c). The entry has been modified to note the exemption claims under those paragraphs and to further note that those exemption claims were not considered. |
| 2. I was advised that pages 276 to 279, inclusive, dealt with in the distributed material, had in fact been released. |
| I therefore deleted reference to those pages where my conclusions had been less favourable to the plaintiffs. |
| 3. Records 40 to 46 and pages 1632 to 1638 inclusive. |
| These records and pages had been overlooked in my review and did not appear as entries in the distributed material. They have been added in with the claimed discretionary total exemptions sustained. |
| 4. Records 67 and 69, pages 1798 and 1800 |
| Counsel for the respondent drew to my attention that these records and pages were identical and that I had reached different conclusions. In the result, I modified my decision with respect to record 69, page 1800, to conform with my decision with respect to record 67, page 1798, which was more favourable to the plaintiffs. |
| Counsel for the respondent advised that I had omitted to deal with page 1863 on which a total exemption was claimed on the basis of section 23 of the Act. That page has been added to the Schedule as record 100 and, following review, the discretionary total exemption has been sustained. |
| 6. Records 110 to 112 and 113 to 115, pages 1935, 1944, 1954 and 2091 to 2093 |
| Counsel for the respondent advised that each of these pages has either been released or partially released in a manner consistent with my decisions. In the result, I have left them in the Schedule to reflect my decisions. |
| 7. Records 118 to 122, pages 2141 to 2145 |
| I was advised that these pages were partially released following the hearing before me. I have nonetheless left them in the Schedule to reflect my decision. |
| 8. Records 123 to 143, pages 2158 to 2178 |
| Once again, I was advised that these pages were partially released following the hearing. As with the foregoing pages 1935, 1944, 1954 and 2091 to 2093, I have nonetheless left them in the Schedule to reflect my decision. |
| Once again, I was advised that this page was released following the hearing and once again I have retained it in the Schedule to reflect my decision. |
| 10. Records 185 to 189, pages 2463 to 2467 |
| In the material distributed, I incorrectly described the claims in respect of these pages as mandatory, subject to exemption and total exemptions. I indicated that the exemptions claimed were not sustained. Counsel advised me that the exemptions claimed were in fact partial and very limited. I have confirmed this. In the result, the comments and description with respect to each of these pages have been modified to indicate the partial exemption claim and that my decision with respect to each is to sustain the claim. |
| 11. Record 368, page 4352 |
| I was advised that, in addition to a claimed exemption under paragraph 16(1)(c), a further exemption claim was based on paragraph 21(1)(c). Having confirmed the foregoing, I have added to this record and page item an indication of the claimed exemption under paragraph 21(1)(c) with the same result as with respect to the claim based on paragraph 16(1)(c). |
| 12. Record 380, page 5320 |
| I had incorrectly indicated the exemption basis to be section 23 of the Act when it should have been paragraph 21(1)(a). This error has been corrected with no impact on the decision. |
| 13. Record 502, page 7284 |
| The comments with respect to this page have been corrected to indicate a claimed partial exemption. |
| The page reference has been corrected to read 7557. |
[38] Taking into account the terms of section 49 and 50 of the Act quoted earlier in these reasons and in Schedule "A", an Order will go requiring the respondent to disclose each record or portion of a record referred to in Schedule "C" in respect of which the exemption claim or each of the exemption claims has not been sustained. No conditions will be attached to the Order for disclosure. In each case where I have found an exemption claim not to be sustainable, it is on the basis that the record or portion of a record at issue does not fall within the scope of the exemption claimed. Where an exemption claim falls within section 50 of the Act , I have not, in the result, found it necessary to go on to consider the reasonableness of the claimed exemption.
COSTS
[39] For ease of reference, I quote again here section 53 of the Act:
53. (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.
(2) Where the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
53. (1) Sous réserve du paragraphe (2), les frais et dépens sont laissés à l'appréciation de la Cour et suivent, sauf ordonnance contraire de la Cour, le sort du principal.
(2) Dans les cas où elle estime que l'objet des recours visés aux articles 41 et 42 a soulevé un principe important et nouveau quant à la présente loi, la Cour accorde les frais et dépens à la personne qui a exercé le recours devant elle, même si cette personne a été déboutée de son recours.
[40] In their Memorandum of Fact and Law, the applicants urged that costs should be awarded to them throughout pursuant to both subsections 53(1) and (2).
[41] During the hearing of this matter, I inquired of counsel for the applicants whether the question of delay in providing material pursuant to an access request goes to the question of costs. Counsel for the applicants replied that indeed it should. He urged:
| ...The government claims to be understaffed and so on, and too many files, and if the government is prepared to accept that situation in order to save money, then the Applicant shouldn"t bear the costs of the government saving money, the government should bear the cost of the government saving money. |
[42] Counsel referred me to Ruby v. Canada (Royal Canadian Mounted Police)6 where my colleague, Mr. Justice Mackay, wrote at paragraph 73:
| It is my view that considering the manner in which developments occurred following the filing of the applicant"s applications for review, "success" is divided between the parties. It was only after the applications were filed that the RCMP provided some personal information requested... and the largest share of documents released by CSIS... was disclosed to Mr. Ruby only in July 1992, more than two years after the application...was filed. In both cases it is said the information later released was disclosed because of changes in policy in relation to management of information under the Act, but in my view there can be no denying that the impetus for those disclosures was the initiation and continuation of these reviews. It is true that my decision dismisses both applications but that is in the context of certain information having been disclosed after the applications for review were filed. Thus, the effect of dismissing the applications is to support the decisions that additional information not be disclosed, and that implicitly accepts that at the time these applications were filed Mr. Ruby had been improperly denied information that the RCMP and CSIS each subsequently disclosed. |
Much the same regarding the impact of this application could be said in respect of the response of the respondent. Indeed, even after this application was filed, extracting further disclosure, eventually acknowledged on behalf of the respondent to be appropriate, was like "pulling hens teeth". That could be said even after the hearing of the application at which the Court expressed a degree of surprise that some of the material not yet disclosed continued to be protected. Further disclosure followed.
[43] Further, the reluctance on the part of the respondent to meet his or her obligations reflected in the Act was further supported by the fact that the respondent only effectively responded to the Order of Madame Justice Reed requiring disclosure of better particulars in respect of records where claims to exemption from disclosure were made under section 23 was only made on the eve of the hearing of this application.
[44] Counsel for the respondent, during the teleconference in June of this year to which counsel for the applicants was a party but in which counsel for the applicants took no substantive part, urged that much of the delay, which was not denied, was predicated on the sheer volume resulting from the breadth of the access request. In fact, the Information Commissioner estimated that the request involved review of some 7,655 pages and noted that the processing of the review involved significant third-party consultations. Counsel noted that the workload of departmental staff who were required to deal with this request was particularly high at the relevant time and that, as partial recompense for the delay, significant photocopying charges that could have been levied against the applicants were waived.
[45] Counsel for the respondent urged that, given the result disclosed by the pages constituting in Schedule "C" to this Order, the respondent had been substantially successful. In the result, he urged that each party should bear its own costs. In the alternative, counsel urged, if I were of the view that there was divided success, the applicants should be awarded only a small percentage of their costs representing the additional disclosure that will flow from my Order.
[46] Against the foregoing considerations, and giving particular weight to what I consider to be the inordinate delay on the part of the respondent in dealing with this access request, against the policy expressed in the Access to Information Act, I conclude that, under the terms of subsection 53(1) of the Act, the applicants should be entitled to costs throughout save and except in respect of any aspect of this matter where there has been a different costs award made by another order of this Court.
____________________________
J.F.C.C.
Ottawa, Ontario
July 19, 2000
SCHEDULE "A"
2. (1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.
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2. (1) La présente loi a pour objet d'élargir l'accès aux documents de l'administration fédérale en consacrant le principe du droit du public à leur communication, les exceptions indispensables à ce droit étant précises et limitées et les décisions quant à la communication étant susceptibles de recours indépendants du pouvoir exécutif.
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3. In this Act,
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3. Les définitions qui suivent s'appliquent à la présente loi.
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"record" includes any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy thereof;
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"document" Tous éléments d'information, quels que soient leur forme et leur support, notamment correspondance, note, livre, plan, carte, dessin, diagramme, illustration ou graphique, photographie, film, microformule, enregistrement sonore, magnétoscopique ou informatisé, ou toute reproduction de ces éléments d'information.
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4. (1) Subject to this Act, but notwithstanding any other Act of Parliament, every person who is
(a) a Canadian citizen, or
(b) a permanent resident within the meaning of the Immigration Act,
has a right to and shall, on request, be given access to any record under the control of a government institution.
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4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_:
a) les citoyens canadiens;
b) les résidents permanents au sens de la Loi sur l'immigration.
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10.(3) Where the head of a government institution fails to give access to a record requested under this Act or a part thereof within the time limits set out in this Act, the head of the institution shall, for the purposes of this Act, be deemed to have refused to give access.
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10.(3) Le défaut de communication totale ou partielle d'un document dans les délais prévus par la présente loi vaut décision de refus de communication.
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13. (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained in confidence from
(a) the government of a foreign state or an institution thereof;
(b) an international organization of states or an institution thereof;
(c) the government of a province or an institution thereof; or
(d) a municipal or regional government established by or pursuant to an Act of the legislature of a province or an institution of such a government.
13. (1) Sous réserve du paragraphe (2), le responsable d'une institution fédérale est tenu de refuser la communication de documents contenant des renseignements obtenus à titre confidentiel_:
a) des gouvernements des États étrangers ou de leurs organismes;
b) des organisations internationales d'États ou de leurs organismes;
c) des gouvernements des provinces ou de leurs organismes;
d) des administrations municipales ou régionales constituées en vertu de lois provinciales ou de leurs organismes.
(2) The head of a government institution may disclose any record requested under this Act that contains information described in subsection (1) if the government, organization or institution from which the information was obtained
(a) consents to the disclosure; or
(b) makes the information public.
(2) Le responsable d'une institution fédérale peut donner communication de documents contenant des renseignements visés au paragraphe (1) si le gouvernement, l'organisation, l'administration ou l'organisme qui les a fournis_:
a) consent à la communication;
b) rend les renseignements publics.
14. The head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to be injurious to the conduct by the Government of Canada of federal-provincial affairs, including, without restricting the generality of the foregoing, any such information
(a) on federal-provincial consultations or deliberations; or
(b) on strategy or tactics adopted or to be adopted by the Government of Canada relating to the conduct of federal-provincial affairs.
14. Le responsable d'une institution fédérale peut refuser la communication de documents contenant des renseignements don"t la divulgation risquerait vraisemblablement de porter préjudice à la conduite par le gouvernement du Canada des affaires fédéro-provinciales, notamment des renseignements sur_:
a) des consultations ou délibérations fédéro-provinciales;
b) les orientations ou mesures adoptées ou à adopter par le gouvernement du Canada touchant la conduite des affaires fédéro-provinciales.
15. (1) The head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information
15. (1) Le responsable d'une institution fédérale peut refuser la communication de documents contenant des renseignements don"t la divulgation risquerait vraisemblablement de porter préjudice à la conduite des affaires internationales, à la défense du Canada ou d'États alliés ou associés avec le Canada ou à la détection, à la prévention ou à la répression d'activités hostiles ou subversives, notamment_:
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(d) obtained or prepared for the purpose of intelligence relating to
(i) the defence of Canada or any state allied or associated with Canada, or
(ii) the detection, prevention or suppression of subversive or hostile activities;
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d) des éléments d'information recueillis ou préparés aux fins du renseignement relatif à_:
(i) la défense du Canada ou d'États alliés ou associés avec le Canada,
(ii) la détection, la prévention ou la répression d'activités hostiles ou subversives;
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(2) In this section,
"defence of Canada or any state allied or associated with Canada" includes the efforts of Canada and of foreign states toward the detection, prevention or suppression of activities of any foreign state directed toward actual or potential attack or other acts of aggression against Canada or any state allied or associated with Canada;
"subversive or hostile activities" means
(a) espionage against Canada or any state allied or associated with Canada,
(b) sabotage,
(c) activities directed toward the commission of terrorist acts, including hijacking, in or against Canada or foreign states,
(d) activities directed toward accomplishing government change within Canada or foreign states by the use of or the encouragement of the use of force, violence or any criminal means,
(e) activities directed toward gathering information used for intelligence purposes that relates to Canada or any state allied or associated with Canada, and
(f) activities directed toward threatening the safety of Canadians, employees of the Government of Canada or property of the Government of Canada outside Canada.
(2) Les définitions qui suivent s'appliquent au présent article.
"activités hostiles ou subversives"
a) L'espionnage dirigé contre le Canada ou des États alliés ou associés avec le Canada;
b) le sabotage;
c) les activités visant la perpétration d'actes de terrorisme, y compris les détournements de moyens de transport, contre le Canada ou un État étranger ou sur leur territoire;
d) les activités visant un changement de gouvernement au Canada ou sur le territoire d'États étrangers par l'emploi de moyens criminels, don"t la force ou la violence, ou par l'incitation à l'emploi de ces moyens;
e) les activités visant à recueillir des éléments d'information aux fins du renseignement relatif au Canada ou aux États qui sont alliés ou associés avec lui;
f) les activités destinées à menacer, à l'étranger, la sécurité des citoyens ou des fonctionnaires fédéraux canadiens ou à mettre en danger des biens fédéraux situés à l'étranger.
"défense du Canada ou d'États alliés ou associés avec le Canada" Sont assimilés à la défense du Canada ou d'États alliés ou associés avec le Canada les efforts déployés par le Canada et des États étrangers pour détecter, prévenir ou réprimer les activités entreprises par des États étrangers en vue d'une attaque réelle ou éventuelle ou de la perpétration d'autres actes d'agression contre le Canada ou des États alliés ou associés avec le
Canada.
16. (1) The head of a government institution may refuse to disclose any record requested under this Act that contains
16. (1) Le responsable d'une institution fédérale peut refuser la communication de documents_:
(a) information obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to
(i) the detection, prevention or suppression of crime,
(ii) the enforcement of any law of Canada or a province, or
(iii) activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,
if the record came into existence less than twenty years prior to the request;
(b) information relating to investigative techniques or plans for specific lawful investigations;
(c) information the disclosure of which could reasonably be expected to be injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations, including, without restricting the generality of the foregoing, any such information
(i) relating to the existence or nature of a particular investigation,
(ii) that would reveal the identity of a confidential source of information, or
(iii) that was obtained or prepared in the course of an investigation; or
(d) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.
a) datés de moins de vingt ans lors de la demande et contenant des renseignements obtenus ou préparés par une institution fédérale, ou par une subdivision d'une institution, qui constitue un organisme d'enquête déterminé par règlement, au cours d'enquêtes licites ayant trait_:
(i) à la détection, la prévention et la répression du crime,
(ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,
(iii) aux activités soupçonnées de constituer des menaces envers la sécurité du Canada au sens de la Loi sur le Service canadien du renseignement de sécurité;
b) contenant des renseignements relatifs à des techniques d'enquêtes ou à des projets d'enquêtes licites déterminées;
c) contenant des renseignements don"t la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment_:
(i) des renseignements relatifs à l'existence ou à la nature d'une enquête déterminée,
(ii) des renseignements qui permettraient de remonter à une source de renseignements confidentielle,
(iii) des renseignements obtenus ou préparés au cours d'une enquête;
d) contenant des renseignements don"t la divulgation risquerait vraisemblablement de nuire à la sécurité des établissements pénitentiaires.
(2) The head of a government institution may refuse to disclose any record requested under this Act that contains information that could reasonably be expected to facilitate the commission of an offence, including, without restricting the generality of the foregoing, any such information
(a) on criminal methods or techniques;
(b) that is technical information relating to weapons or potential weapons; or
(c) on the vulnerability of particular buildings or other structures or systems, including computer or communication systems, or methods employed to protect such buildings or other structures or systems.
(2) Le responsable d'une institution fédérale peut refuser la communication de documents contenant des renseignements don"t la communication risquerait vraisemblablement de faciliter la perpétration d'infractions, notamment_:
a) des renseignements sur les méthodes ou techniques utilisées par les criminels;
b) des renseignements techniques concernant des armes actuelles ou futures;
c) des renseignements portant sur la vulnérabilité de certains bâtiments ou ouvrages ou de réseaux ou systèmes divers, y compris des réseaux ou systèmes informatisés ou de communications, ou portant sur les méthodes employées pour leur protection.
(3) The head of a government institution shall refuse to disclose any record requested under this Act that contains information that was obtained or prepared by the Royal Canadian Mounted Police while performing policing services for a province or municipality pursuant to an arrangement made under section 20 of the Royal Canadian Mounted Police Act, where the Government of Canada has, on the request of the province or municipality agreed not to disclose such information.
(3) Le responsable d'une institution fédérale est tenu de refuser la communication des documents contenant des renseignements obtenus ou préparés par la Gendarmerie royale du Canada, dans l'exercice de fonctions de police provinciale ou municipale qui lui sont conférées par une entente conclue sous le régime de l'article 20 de la Loi sur la Gendarmerie royale du Canada, si, à la demande de la province ou de la municipalité, le gouvernement du Canada a consenti à ne pas divulguer ces renseignements.
(4) For the purposes of paragraphs (1)(b) and (c), "investigation" means an investigation that
(a) pertains to the administration or enforcement of an Act of Parliament;
(b) is authorized by or pursuant to an Act of Parliament; or
(c) is within a class of investigations specified in the regulations.
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(4) Pour l'application des alinéas (1)b) et c), "enquête" s'entend de celle qui_:
a) se rapporte à l'application d'une loi fédérale;
b) est autorisée sous le régime d'une loi fédérale;
c) fait partie d'une catégorie d'enquêtes précisée dans les règlement
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19. (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any record requested under this Act that contains personal information as defined in section 3 of the Privacy Act.
(2) The head of a government institution may disclose any record requested under this Act that contains personal information if
(a) the individual to whom it relates consents to the disclosure;
(b) the information is publicly available; or
(c) the disclosure is in accordance with section 8 of the Privacy Act.
19. (1) Sous réserve du paragraphe (2), le responsable d'une institution fédérale est tenu de refuser la communication de documents contenant les renseignements personnels visés à l'article 3 de la Loi sur la protection des renseignements personnel.
(2) Le responsable d'une institution fédérale peut donner communication de documents contenant des renseignements personnels dans les cas où_:
a) l'individu qu'ils concernent y consent;
b) le public y a accès;
c) la communication est conforme à l'article 8 de la Loi sur la protection des renseignements personnels.
20. (1) Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Act that contains
(a) trade secrets of a third party;
(b) financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party and is treated consistently in a confidential manner by the third party;
(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party; or
20. (1) Le responsable d'une institution fédérale est tenu, sous réserve des autres dispositions du présent article, de refuser la communication de documents contenant_:
a) des secrets industriels de tiers;
b) des renseignements financiers, commerciaux, scientifiques ou techniques fournis à une institution fédérale par un tiers, qui sont de nature confidentielle et qui sont traités comme tels de façon constante par ce tiers;
c) des renseignements don"t la divulgation risquerait vraisemblablement de causer des pertes ou profits financiers appréciables à un tiers ou de nuire à sa compétitivité;
(d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of a third party.
d) des renseignements don"t la divulgation risquerait vraisemblablement d'entraver des négociations menées par un tiers en vue de contrats ou à d'autres fins.
(2) The head of a government institution shall not, pursuant to subsection (1), refuse to disclose a part of a record if that part contains the results of product or environmental testing carried out by or on behalf of a government institution unless the testing was done as a service to a person, a group of persons or an organization other than a government institution and for a fee.
(3) Where the head of a government institution discloses a record requested under this Act, or a part thereof, that contains the results of product or environmental testing, the head of the institution shall at the same time as the record or part thereof is disclosed provide the person who requested the record with a written explanation of the methods used in conducting the tests.
(4) For the purposes of this section, the results of product or environmental testing do not include the results of preliminary testing conducted for the purpose of developing methods of testing.
(5) The head of a government institution may disclose any record that contains information described in subsection (1) with the consent of the third party to whom the information relates.
(6) The head of a government institution may disclose any record requested under this Act, or any part thereof, that contains information described in paragraph (1)(b), (c) or (d) if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment and, if the public interest in disclosure clearly outweighs in importance any financial loss or gain to, prejudice to the competitive position of or interference with contractual or other negotiations of a third party.
(2) Le paragraphe (1) n'autorise pas le responsable d'une institution fédérale à refuser la communication de la partie d'un document qui donne les résultats d'essais de produits ou d'essais d'environnement effectués par une institution fédérale ou pour son compte, sauf si les essais constituent une prestation de services fournis à titre onéreux mais non destinés à une institution fédérale.
(3) Dans les cas où, à la suite d'une demande, il communique, en tout ou en partie, un document qui donne les résultats d'essais de produits ou d'essais d'environnement, le responsable d'une institution fédérale est tenu d'y joindre une note explicative des méthodes utilisées pour effectuer les essais.
(4) Pour l'application du présent article, les résultats d'essais de produits ou d'essais d'environnement ne comprennent pas les résultats d'essais préliminaires qui ont pour objet la mise au point de méthodes d'essais.
(5) Le responsable d'une institution fédérale peut communiquer tout document contenant les renseignements visés au paragraphe (1) si le tiers que les renseignements concernent y consent.
(6) Le responsable d'une institution fédérale peut communiquer, en tout ou en partie, tout document contenant les renseignements visés aux alinéas (1)b), c) et d) pour des raisons d'intérêt public concernant la santé et la sécurité publiques ainsi que la protection de l'environnement; les raisons d'intérêt public doivent de plus justifier nettement les conséquences éventuelles de la communication pour un tiers_: pertes ou profits financiers, atteintes à sa compétitivité ou entraves aux négociations qu'il mène en vue de contrats ou à d'autres fins.
21. (1) The head of a government institution may refuse to disclose any record requested under this Act that contains
(a) advice or recommendations developed by or for a government institution or a minister of the Crown,
(b) an account of consultations or deliberations involving officers or employees of a government institution, a minister of the Crown or the staff of a minister of the Crown,
21. (1) Le responsable d'une institution fédérale peut refuser la communication de documents datés de moins de vingt ans lors de la demande et contenant_:
a) des avis ou recommandations élaborés par ou pour une institution fédérale ou un ministre;
b) des comptes rendus de consultations ou délibérations où sont concernés des cadres ou employés d'une institution fédérale, un ministre ou son personnel;
(c) positions or plans developed for the purpose of negotiations carried on or to be carried on by or on behalf of the Government of Canada and considerations relating thereto, or
(d) plans relating to the management of personnel or the administration of a government institution that have not yet been put into operation,
if the record came into existence less than twenty years prior to the request.
c) des projets préparés ou des renseignements portant sur des positions envisagées dans le cadre de négociations menées ou à mener par le gouvernement du Canada ou en son nom, ainsi que des renseignements portant sur les considérations qui y sont liées;
d) des projets relatifs à la gestion du personnel ou à l'administration d'une institution fédérale et qui n'ont pas encore été mis en oeuvre.
(2) Subsection (1) does not apply in respect of a record that contains
(a) an account of, or a statement of reasons for, a decision that is made in the exercise of a discretionary power or an adjudicative function and that affects the rights of a person; or
(b) a report prepared by a consultant or an adviser who was not, at the time the report was prepared, an officer or employee of a government institution or a member of the staff of a minister of the Crown.
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(2) Le paragraphe (1) ne s'applique pas aux documents contenant_:
a) le compte rendu ou l'exposé des motifs d'une décision qui est prise dans l'exercice d'un pouvoir discrétionnaire ou rendue dans l'exercice d'une fonction judiciaire ou quasi judiciaire et qui touche les droits d'une personne;
b) le rapport établi par un consultant ou conseiller à une époque où il n'appartenait pas au personnel d'une institution fédérale ou d'un ministre.
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23. The head of a government institution may refuse to disclose any record requested under this Act that contains information that is subject to solicitor-client privilege.
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23. Le responsable d'une institution fédérale peut refuser la communication de documents contenant des renseignements protégés par le secret professionnel qui lie un avocat à son client.
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25. Notwithstanding any other provision of this Act, where a request is made to a government institution for access to a record that the head of the institution is authorized to refuse to disclose under this Act by reason of information or other material contained in the record, the head of the institution shall disclose any part of the record that does not contain, and can reasonably be severed from any part that contains, any such information or material.
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25. Le responsable d'une institution fédérale, dans les cas où il pourrait, vu la nature des renseignements contenus dans le document demandé, s'autoriser de la présente loi pour refuser la communication du document, est cependant tenu, nonobstant les autres dispositions de la présente loi, d'en communiquer les parties dépourvues des renseignements en cause, à condition que le prélèvement de ces parties ne pose pas de problèmes sérieux.
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41. Any person who has been refused access to a record requested under this Act or a part thereof may, if a complaint has been made to the Information Commissioner in respect of the refusal, apply to the Court for a review of the matter within forty-five days after the time the results of an investigation of the complaint by the Information Commissioner are reported to the complainant under subsection 37(2) or within such further time as the Court may, either before or after the expiration of those forty-five days, fix or allow.
41. La personne qui s'est vu refuser communication totale ou partielle d'un document demandé en vertu de la présente loi et qui a déposé ou fait déposer une plainte à ce sujet devant le Commissaire à l'information peut, dans un délai de quarante-cinq jours suivant le compte rendu du Commissaire prévu au paragraphe 37(2), exercer un recours en révision de la décision de refus devant la Cour. La Cour peut, avant ou après l'expiration du délai, le proroger ou en autoriser la prorogation.
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45. An application made under section 41, 42 or 44 shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Court Act.
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45. Les recours prévus aux articles 41, 42 et 44 sont entendus et jugés en procédure sommaire, conformément aux règles de pratique spéciales adoptées à leur égard en vertu de l'article 46 de la Loi sur la Cour fédérale.
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48. In any proceedings before the Court arising from an application under section 41 or 42, the burden of establishing that the head of a government institution is authorized to refuse to disclose a record requested under this Act or a part thereof shall be on the government institution concerned.
48. Dans les procédures découlant des recours prévus aux articles 41 ou 42, la charge d'établir le bien-fondé du refus de communication totale ou partielle d'un document incombe à l'institution fédérale concernée.
49. Where the head of a government institution refuses to disclose a record requested under this Act or a part thereof on the basis of a provision of this Act not referred to in section 50, the Court shall, if it determines that the head of the institution is not authorized to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof,
subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
49. La Cour, dans les cas où elle conclut au bon droit de la personne qui a exercé un recours en révision d'une décision de refus de communication totale ou partielle d'un document fondée sur des dispositions de la présente loi autres que celles mentionnées à l'article 50, ordonne, aux conditions qu'elle juge indiquées, au responsable de l'institution fédérale don"t relève le document en litige d'en donner à cette personne communication totale ou partielle; la Cour rend une autre ordonnance si elle l'estime indiqué.
50. Where the head of a government institution refuses to disclose a record requested under this Act or a part thereof on the basis of section 14 or 15 or paragraph 16(1)(c) or (d) or 18(d), the Court shall, if it determines that the head of the institution did not have reasonable grounds on which to refuse to disclose the record or part thereof, order the head of the institution to disclose the record or part thereof, subject to such conditions as the Court deems appropriate, to the person who requested access to the record, or shall make such other order as the Court deems appropriate.
50. Dans les cas où le refus de communication totale ou partielle du document s'appuyait sur les articles 14 ou 15 ou sur les alinéas 16(1)c) ou d) ou 18d), la Cour, si elle conclut que le refus n'était pas fondé sur des motifs raisonnables, ordonne, aux conditions qu'elle juge indiquées, au responsable de l'institution fédérale don"t relève le document en litige d'en donner communication totale ou partielle à la personne qui avait fait la demande; la Cour rend une autre ordonnance si elle l'estime indiqué.
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53. (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.
(2) Where the Court is of the opinion that an application for review under section 41 or 42 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
53. (1) Sous réserve du paragraphe (2), les frais et dépens sont laissés à l'appréciation de la Cour et suivent, sauf ordonnance contraire de la Cour, le sort du principal.
(2) Dans les cas où elle estime que l'objet des recours visés aux articles 41 et 42 a soulevé un principe important et nouveau quant à la présente loi, la Cour accorde les frais et dépens à la personne qui a exercé le recours devant elle, même si cette personne a été déboutée de son recours.
SCHEDULE "B"
Date: 19991122
Docket: T-1111-98
Winnipeg, Manitoba, this 22nd day of November 1999
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
SHELDON BLANK & GATEWAY INDUSTRIES LTD.,
Applicants,
- and -
THE MINISTER OF THE ENVIRONMENT,
Respondent.
ORDER
Upon an application on behalf of the Applicants for:
| 1. An Order for the following: |
| (a) pursuant to Rule 316, authorizing Louise Gale, an Investigator employed by the Office of The Information Commissioner and for The Honourable John M. Reid, P.C., the Information Commissioner to testify in Court in relation to issues of fact raised in the within Application scheduled to be heard on November 29th and 30th 1999 at the City of Winnipeg; and |
| (b) pursuant to Rules 41(4)(b) and (c) and 41(5) for leave that a subpoena be issued to complete the appearance at Winnipeg at the Hearing of this Application of the said Louise Gale and The Honourable John M. Reid, P.C. and for the production of the Information Commissioner's records in relation to this matter. |
| 2. An Order to compel the Respondent to comply with, or alternatively, pursuant to Rule 399(2)(a), varying, the Order of Madame Justice Reed dated April 27, 1999 pursuant to Rule 152(2), by providing access in confidence to counsel for the Applicants to severed portions of the following documents for which solicitor-client privilege has been claimed in respect of which grounds other than solicitor-client privilege are also claimed, or alternatively, to the entire of such documents to enable counsel for the Applicants to prepare for the hearing of this Application: |
| 254, 255, 256, 257, 258, 259, 261, 262, 263, 264, 265, 266, 268, 269, 281, 481, 1028, 1029, 1038, 1039, 1048, 1049, 1721, 2091 to 2092, 2272, 2313 to 2317, 2448, 2449, 2450, 2495 to 2502, 2575, 2576, 2651, 3165, 3166, 3929, 4206, 4207, 5468, 5593, 6419, 6421, 7271, 7284 and 7559 to 7569. |
| 3. An Order pursuant to Rule 399(2)(a) varying the Order of Madame Justice Reed dated April 27, 1999 pursuant to Rule 152(2) providing access in confidence to counsel for the Applicants to the following documents for which the Respondent has claimed solicitor-client privilege under Section 23 and for which the Respondent has failed to provide the particulars required by the said Order of Madame Justice Reed, |
| (i) the date of the document; |
| (ii) identifying the author; and, |
| (iii) to whom it was provided as to document numbers 1635 to 1638, 1640, 1655, 1687, 1723, 1798 to 1810, 1811 to 1818, 1859 to 1863, 2324 to 2336, 6415 and 6454; |
| (b) in relation to the bulk of the remaining documents, in each case where the Respondent has failed to provide a brief description of why solicitor-client privilege is being claimed and a brief description of the content of the document, |
| or alternatively, for an Order compelling the Respondent to provide the missing particulars in writing. |
| 4. For Leave pursuant to Rule 312(c) to allow the Applicants to file a Supplementary Record consisting of: (a) Supplementary Book of Authorities; (b) to amend the points in issue submissions and relief sought to allow the Applicant to request the Court to order the Respondent to provide access to the Applicant to examine the originals of all audiotapes, including those referred to on pages 1651 to 1652, 1671 and 1876 as well as the Shannon Kurbis audiotape re: January 25, 1995 execution of search warrant, forming part of the Respondent's file 4192-12 which is part of the subject of the Applicants' access request, and the unedited telephone log of Ron Slotnik referred to on page 1653. |
| WITH RESPECT TO ORDER #1: |
| I find that there is no jurisdiction in this Court to subpoena either the Information Commissioner, an Investigator for the Information Commissioner, or the Information Commissioner's records in a review such as the one in the present case. I find that the competance and compellability of the Information Commissioner, or any person authorized to act on his or her behalf under s.65 of the Access to Information Act is subject to the provisions of s.63 of the Act which places the full discretion of disclosure with the Information Commissioner. |
| Since the decision I have rendered on this aspect of the Applicants' motion was placed squarely before the Applicant as convincing argument by the Information Commissioner's counsel in a letter dated September 23, 1999, I find that the Applicants' decision to press forward with the motion should not be at the expense of the Information Commissioner. In order to defend the subpeona applications, |
| Mr. Brunet, counsel for the Information Commissioner, appeared at the hearing of the motion to make appropriate objection. I find that the cost of his airfare from Ottawa to Winnipeg and return to do so is at the Applicants' expense, and accordingly, I award costs to the Information Commissioner against the Applicant in the sum of $1584, to be paid within 60 days; |
| WITH RESPECT TO ORDERS #2 AND #3: |
| I find that the sufficiency of compliance with Justice Reed's order dated April 27, 1999, and the effect of any failure to comply is best left with the Justice hearing this Application on November 29th, and, accordingly, I defer these issues to that Justice's discretion; |
| WITH RESPECT TO ORDER #4: |
| (a) By consent, the Applicant is at liberty to file a Supplementary Book of Authorities; and |
| (b) I find access to the original audiotapes for the purpose of determining their authenticity is not relevant to this proceeding and, accordingly, the application for their production for this purpose is denied. |
| Apart from the award of costs made with respect to Order #1 above stated, I order all other costs of this motion to be in the cause. |
"Douglas Campbell"
Judge
SCHEDULE "C"
| Record Page Exemption Comments and Decision |
Basis
| 1 5 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; sustained. |
| 2 7 20(1)(b) Discretionary, subject to exception; not reviewed. |
| 20(1)(c) Discretionary, subject to exception; not reviewed. |
| 21(1)(b) Discretionary, subject to exception; partial exemption; sustained. |
| 3 8 23 Discretionary; total exemption; sustained. |
| 4 9 23 Discretionary; total exemption; sustained. |
| 5 167 13(1)(c) Mandatory, subject to exception; partial exemption; Respondent has failed to meet the onus of |
| establishing that the information was obtained in confidence; exemption claim not sustained. |
| 21(1)(b) Discretionary, subject to exception; partial exemption; no evidence to establish the information is an account of consultations or deliberations within 21(1)(b); exemption claim not sustained. |
| 16(1)(c)(iii) Discretionary; partial exemption; sustained. |
| 6 254 16(1)(c)(iii) Discretionary; total exemption; sever; exemption |
should be restricted to the 2nd paragraph in the body
of the record.
| 23 Discretionary; total exemption; sever; exemption |
should be restricted to the 2nd paragraph in the body
of the record.
| 7 255 16(1)(c)(iii) Discretionary; total exemption; sever; exemption |
should be restricted to the 3rd paragraph in the body
of the record.
| 23 As with 16(1)(c)(iii) claim. |
| 8 256 16(1)(c)(iii) Discretionary; total exemption; sever; exemption |
should be restricted to the heading and last line
of the record.
| 23 As with 16(1)(c)(iii) claim. |
| 9 257 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 10 258 16(1)(c)(iii) Discretionary; total exemption; sever; exemption |
should be restricted to first 5 lines, and the last 6 lines
of the record.
| 23 Discretionary; total exemption; sever; exemption |
should be restricted to first 5 lines, and the last 6 lines
of the record.
| 11 259 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 12 260 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 13(1)(d) Mandatory, subject to exception; partial exemption; |
Respondent has failed to meet the onus of establishing
that the information was obtained in confidence.
| 13 261 16(1)(c)(iii) Discretionary; total exemption; sever to release the |
heading "Compliance History" and the following
two lines.
| 23 Discretionary; total exemption; sever to release the |
heading "Compliance History" and the following
two lines.
| 14 262 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 15 263 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 16 264 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 16(1)(b) Discretionary; partial exemption; sustained. |
| 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception, partial exemption; sustained. |
| 17 265 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 18 266 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 19 268 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained |
| 20 269 16(1)(c)(iii) Discretionary; total exemption, sustained. |
| 23 Discretionary; total exemption, sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 21 273 23 Discretionary; partial exemption; sustained |
| 22 274 23 Discretionary; partial exemption; sustained |
| 23 281 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 24 305 13(1)(c) Mandatory, subject to exception; partial exemption; |
Respondent has failed to meet the onus of establishing
that the information was obtained in confidence;
exemption not sustained.
| 25 306 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; partial exemption, sustained. |
| 26 481 21(1)(a) Discretionary, subject to exception; total exemption; sever; everything down to and including "Subject: More Legal Advice re: Pine Falls" does not fall within the exemption. |
| 21(1)(b) Discretionary, subject to exception, total exemption; sever; everything down to and including "Subject: More Legal Advice re: Pine Falls" does not fall within the exemption. |
| 23 Discretionary; total exemption; sever; everything |
down to and including "Subject: More Legal Advice
re: Pine Falls" does not fall within the exemption.
| 27 506 23 Discretionary, subject to exception; partial exemption; sustained. |
| 28 1028 21(1)(a), (b) Discretionary; total exemption; sustained |
| 23 Discretionary; total exemption; sustained. |
| 29 1029 21(1)(a), (b) As in 1028. |
| 30 1038 21(1)(a), (b) Copy of 1028; sustained. |
| 23 Copy of 1028; sustained. |
| 31 1039 21(1)(a), (b) Copy of 1029; sustained. |
| 23 Copy of 1029; sustained. |
| 32 1048 21(1)(a), (b) Copy of 1028; sustained |
| 23 Copy of 1028; sustained. |
| 33 1049 21(1)(a), (b) Copy of 1029; sustained. |
| 23 Copy of 1029; sustained |
| 34 1156 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 35 1157 23 Discretionary; total exemption; sustained |
| 36 1158 23 Discretionary; total exemption; sustained. |
| 37 1200 23 Discretionary, total exemption; sustained. |
| 38 1201 23 Discretionary; total exemption; sustained. |
| 39 1202 23 Discretionary; total exemption; sustained. |
| 40 1632 23 Discretionary; total exemption; sustained. |
| 41 1633 23 Discretionary, total exemption; sustained. |
| 42 1634 23 Discretionary; total exemption; sustained. |
| 43 1635 23 Discretionary; total exemption; sustained. |
| 44 1636 23 Discretionary; total exemption; sustained. |
| 45 1637 23 Discretionary; total exemption; sustained. |
| 46 1638 23 Discretionary; total exemption; sustained. |
| 47 1655 23 Discretionary; total exemption; sustained. |
| 48 1656 23 Discretionary; total exemption; sustained. |
| 49 1699 23 Discretionary; total exemption; sustained. |
| 50 1703 23 Discretionary; total exemption; sustained. |
| 51 1712 23 Discretionary; total exemption; sustained. |
| 52 1713 23 Discretionary; total exemption; sustained. |
| 53 1721 13(1)(c) Mandatory, subject to exception; total exemption; the respondent has failed to identify for the Court any evidence that would establish that this record contains information obtained in confidence from the government of a province or an institution thereof; exemption not sustained. |
| 23 Discretionary; total exemption; sustained. |
| 54 1722 23 Discretionary; total exemption; sustained. |
| 55 1723 23 Discretionary, total exemption; not sustained. |
| 56 1724 23 Discretionary; total exemption sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 57 1725 23 Discretionary; total exemption sustained. |
| 58 1726 23 Discretionary; total exemption sustained. |
| 59 1727 23 Discretionary; total exemption; sustained. |
| 60 1742 23 Discretionary; total exemption; sustained. |
| 61 1743 23 Discretionary; total exemption; sustained. |
| 62 1744 23 Discretionary; total exemption; sustained. |
| 63 1749 23 Discretionary; total exemption; sustained. |
| 64 1750 23 Discretionary; total exemption; sustained. |
| 65 1753 23 Discretionary; total exemption; sustained. |
| 66 1759 23 Discretionary; total exemption; severance is required; |
all that portion of the record down to and including the
heading "DISCUSSION" is not exempted from
disclosure by section 23.
| 67 1798 23 Discretionary; total exemption; not sustained. |
| 68 1799 23 Discretionary; total exemption; sustained. |
| 69 1800 23 Discretionary; total exemption; not sustained. |
| 70 1801 23 Discretionary; total exemption; not sustained |
| 71 1802 23 Discretionary; total exemption; not sustained |
| 72 1803 23 Discretionary; total exemption; not sustained |
| 73 1804 23 Discretionary; total exemption; not sustained |
| 74 1805 23 Discretionary, total exemption; not sustained |
| 75 1806 23 Discretionary; total exemption; not sustained |
| 76 1807 23 Discretionary; total exemption; not sustained. |
| 77 1808 23 Discretionary; total exemption; not sustained. |
| 78 1809 23 Discretionary; total exemption; sustained. |
| 79 1810 23 Discretionary; total exemption; not sustained. |
| 80 1811 23 Discretionary; total exemption; not sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 81 1812 23 Discretionary; total exemption; not sustained. |
| 82 1813 23 Discretionary; total exemption; not sustained. |
| 83 1814 23 Discretionary; total exemption; not sustained. |
| 84 1815 23 Discretionary; total exemption; not sustained. |
| 85 1816 23 Discretionary; total exemption; not sustained. |
| 86 1817 23 Discretionary; total exemption; not sustained. |
| 87 1818 23 Discretionary; total exemption; not sustained. |
| 88 1841 23 Discretionary; partial exemption, sustained. |
| 89 1842 23 Discretionary; partial exemption, sustained. |
| 90 1844 23 Discretionary; total exemption; sustained. |
| 91 1845 23 Discretionary; total exemption; sustained. |
| 92 1846 23 Discretionary; total exemption; sustained. |
| 93 1854 23 Discretionary; total exemption; sustained. |
| 94 1858 23 Discretionary; total exemption; sustained in part; all |
that portion of the record down to and including
"information" in the third line of the body of the
record and the signature and signature block is
not exempted from disclosure by section 23.
| 95 1859 23 Discretionary; total exemption; sustained. |
| 96 1860 23 Discretionary; total exemption; sustained. |
| 97 1861 23 Discretionary; total exemption; sustained. |
| 98 1861 23 Discretionary; total exemption; sustained. |
| 99 1862 23 Discretionary; total exemption; sustained. |
| 100 1863 23 Discretionary; total exemption; sustained. |
| 101 1864 23 Discretionary; total exemption; sustained in part; all |
that portion of the record down to and including
"The contents of the package are as follows:" is not
exempted from disclosure by section 23.
| Record Page Exemption Comments and Decision |
Basis
| 102 1865 23 Discretionary; total exemption; sustained in part; all |
that portion of the record consisting of the signature
and the signature block, and the line preceding the
| signature, is not exempted from disclosure by section 23. |
| 103 1874 23 Discretionary; total exemption; sustained in part; all |
that portion of the record down to and including the
| heading "Crown Counsel Package" is not exempted from disclosure by section 23. |
| 104 1875 23 Discretionary; total exemption; sustained in part; |
the heading "Alain Laurencelle Package", the last
line of the body of the record and the signature
block are not exempted from disclosure by section 23.
| 105 1878 23 Discretionary; total exemption; sustained. |
| 106 1879 23 Discretionary; total exemption; sustained in part; |
the portion of the record to and including
"Documents enclosed are: is not exempted from
disclosure by section 23.
| 107 1880 23 Discretionary; total exemption; sustained in part; |
the portion of the record from and including:
"I hope you will go through... to the end is not
exempted from disclosure by section 23.
| 108 1932 19(1) Mandatory, subject to exception; total exemption; |
sustained.
| 109 1934 19(1) Mandatory, subject to exception; total exemption; |
sustained.
| 110 1935 19(1) Mandatory, subject to exception; total exemption; |
sustained in part; the portion of the record following
the "Re:" line is not exempted from disclosure by
subsection 19(1).
| 111 1944 19(1) Mandatory, subject to exception; total exemption; |
sustained in part; the portion of the record commencing
with the "Re:" line is not exempted from disclosure
by subsection 19(1).
| 112 1954 19(1) Mandatory, subject to exception; total exemption; |
sustained in part; the portion of the record following
the salutation is not exempted from disclosure by
subsection 19(1).
| Record Page Exemption Comments and Decision |
Basis
| 113 2091 19(1) Mandatory, subject to exception; total exemption; |
sustained in part; the record as far as and including
"The subpoenas enclosed are:" and the last four lines
of the record are not exempted from disclosure by
subsection 19(1).
| 114 2092 19(1) Mandatory, subject to exception; total exemption; |
sustained.
| 115 2093 19(1) Mandatory, subject to exception; total exemption; |
sustained in part; the record as far as and including
"for the following individuals:" is not exempted from
disclosure by subsection 19(1).
| 116 2094 19(1) Mandatory, subject to exception; total exemption; |
sustained.
| 117 2140 21(1)(a) Discretionary, subject to exception; partial exemption; not sustained. |
| 118 2141 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 119 2142 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 120 2143 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 121 2144 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 122 2145 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 123 2158 16(1)(c)(iii) Discretionary; total exemption; sever; the exemption |
should not extend to information regarding closed
investigations.
| 21(1)(c) Discretionary, subject to exception; total exemption; sever; the exemption should not extend to information regarding closed investigations. |
| 124 2159 16(1)(c)(iii) Discretionary; total exemption; not sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; not sustained. |
| 125 2160 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 126 2161 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| Record Page Exemption Comments and Decision |
Basis
| 127 2162 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 128 2163 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 129 2164 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 130 2165 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary; subject to exception; total exemption; sustained. |
| 131 2166 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 132 2167 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; partial exemption; not sustained |
| 133 2168 16(1)(c)(iii) Discretionary; partial exemption; sustained |
| 21(1)(c) Discretionary, subject to exception; partial exemption; sustained. |
| 23 Discretionary; partial exemption; not sustained. |
| 134 2169 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 135 2170 16(1)(c)(iii) Discretionary; sever; the exemption should not extend |
to closed investigations represented by the second
and fourth entries on the page.
| 21(1)(c) Discretionary, subject to exception; sever; the exemption should not extend |
to closed investigations represented by the second
and fourth entries on the page.
| 136 2171 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 137 2172 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 138 2173 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| Record Page Exemption Comments and Decision |
Basis
| 139 2174 16(1)(c)(iii) Discretionary, total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 140 2175 16(10(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 141 2176 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 15(1) Discretionary, partial exemption; sustained. |
| 142 2177 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; total exemption; sustained. |
| 143 2178 16(1)(c)(iii) As with 123, page 2158. |
| 21(1)(c) As with 123, page 2158. |
| 23 Discretionary; partial exemption; sustained. |
| 144 2245 16(1)(c)(iii) Discretionary; total exemption; sustained. |
| 145 2246 16(1)(c)(iii) Discretionary; partial exemption; not sustained. |
| 146 2247 16(1)(c)(iii) Discretionary; partial exemption; sustained. |
| 147 2264 23 Discretionary; total exemption; sustained. |
| 148 2265 23 Discretionary; total exemption; sustained. |
| 149 2266 23 Discretionary; total exemption; sustained. |
| 150 2267 23 Discretionary; total exemption; sustained. |
| 151 2272 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 152 2276 21(1)(a) Discretionary, subject to exception; subject to exception; total exemption; sustained only with |
respect to the final paragraph.
| 21(1)(c) Discretionary, subject to exception; total exemption; not sustained. |
| 153 2291 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 154 2292 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 155 2293 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| Record Page Exemption Comments and Decision |
Basis
| 156 2313 21(1)(b) Discretionary, subject to exception; total exemption; sustained with respect to the final paragraph only. |
| 23 Discretionary; total exemption; sustained with respect |
to the final paragraph only.
| 157 2314 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 158 2315 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 159 2316 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; not sustained. |
| 160 2317 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; sustained. |
| 161 2318 23 Discretionary; total exemption; sustained. |
| 162 2319 23 Discretionary; total exemption; sustained. |
| 163 2320 23 Discretionary; total exemption; sustained. |
| 164 2321 23 Discretionary; total exemption; sustained. |
| 165 2322 23 Discretionary; total exemption; sustained. |
| 166 2323 23 Discretionary; total exemption; sustained with |
| respect to the second paragraph of the body of the memorandum only. |
| 167 2324 23 Discretionary; total exemption; sustained. |
| 168 2325 23 Discretionary; total exemption; sustained. |
| 169 2326 23 Discretionary; total exemption; sustained. |
| 170 2327 23 Discretionary; total exemption; sustained. |
| 171 2328 23 Discretionary; total exemption; sustained. |
| 172 2329 23 Discretionary; total exemption; sustained. |
| 173 2330 23 Discretionary; total exemption; sustained. |
| 174 2331 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 175 2332 23 Discretionary; total exemption; sustained. |
| 176 2333 23 Discretionary; total exemption; sustained. |
| 177 2334 23 Discretionary; total exemption; sustained. |
| 178 2335 23 Discretionary; total exemption; sustained. |
| 179 2336 23 Discretionary; total exemption; sustained. |
| 180 2442 23 Discretionary; total exemption; sustained. |
| 181 2448 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 182 2449 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 183 2457 21(1)(a) Discretionary, subject to exception; partial exemption; sustained |
| 21(1)(b) Discretionary, subject to exception; partial exemption; sustained. |
| 184 2462 19(1) Mandatory, subject to exception; partial exemption; sustained only with respect to the portion of the document enclosed within a box. |
| 185 2463 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 186 2464 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 187 2465 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 188 2466 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 189 2467 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 190 2468 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 191 2480 21(1)(b) Discretionary, subject to exception; partial exemption; sustained. |
| 192 2495 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; partial exemption; not sustained. |
| 23 Discretionary; total exemption; sustained. |
| 193 2496 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; sustained. |
| 194 2497 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; sustained. |
| 195 2498 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 196 2499 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 197 2500 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; not sustained. |
| 198 2501 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 199 2502 21(1)(a) Discretionary, subject to exception; total exemption; not sustained. |
| 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; not sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 200 2511 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 201 2512 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 202 2513 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 203 2514 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 204 2515 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 205 2516 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 206 2517 19(1) Mandatory, subject to exception; partial exemption; |
sustained.
| 207 2557 23 Discretionary; total exemption; not sustained |
| 208 2558 23 Discretionary; total exemption; not sustained. |
| 209 2559 23 Discretionary; total exemption; sustained. |
| 210 2560 23 Discretionary; total exemption; sustained. |
| 211 2561 23 Discretionary; total exemption; sustained. |
| 212 2562 23 Discretionary; total exemption; sustained. |
| 213 2563 23 Discretionary; total exemption; sustained. |
| 214 2564 23 Discretionary; total exemption; sustained. |
| 215 2565 23 Discretionary; total exemption; sustained. |
| 216 2566 23 Discretionary; total exemption; sustained. |
| 217 2567 23 Discretionary; total exemption; sustained. |
| 218 2575 16(1)(b) Discretionary; total exemption; sustained. |
| 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 219 2576 16(1)(b) Discretionary; total exemption; sustained. |
| 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 220 2651 21(1)(b) Discretionary, subject to exception; total exemption; not sustained. |
| 23 Discretionary; total exemption; not sustained. |
| 221 2736 19(1) Mandatory, subject to exception; partial exemption; sustained. |
| 222 2738 23 Discretionary; total exemption; sustained only with |
respect to the two main paragraphs in the body of the
memorandum.
| 223 2755 20(1)(b) Mandatory, subject to exception; total exemption; |
sustained only with respect to the last two lines
of the record.
| 224 2756 20(1)(b) Mandatory, subject to exception; total exemption; |
sustained only with respect to the first five lines
of the record.
| 225 2766 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 226 2767 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 227 2768 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 228 2769 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 229 2770 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 230 2771 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 231 2772 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 232 2773 20(1)(b) Mandatory, subject to exception; total exemption; sustained. |
| 233 2831 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 234 2874 21(1)(a) Discretionary; partial exemption; sustained. |
| 235 2875 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| 236 2881 21(1)(a) Discretionary, subject to exception; partial exemption; sustained. |
| 237 2883 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 238 2884 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 239 2885 21(1)(a) Discretionary, subject to exception; total exemption; sustained. |
| 240 2939 23 Discretionary; partial exemption; not sustained; |
| 241 2960 16(1)(c) Discretionary, subject to exception; partial exemption; sustained; |
| 21(1)(c) Discretionary, subject to exception; partial exemption; not sustained; |
| 242 2961 16(1)(c) Discretionary, subject to exception; partial exemption; sustained; |
| 21(1)(c) Discretionary, subject to exception; partial exemption; not sustained; |
| 243 2962 16(1)(c) Discretionary, subject to exception; partial exemption; sustained; |
| 21(1)(c) Discretionary, subject to exception; partial exemption; not sustained; |
| 244 2963 16(1)(c) Discretionary, subject to exception; partial exemption; sustained; |
| 21(1)(c) Discretionary, subject to exception; partial exemption; not sustained; |
| 245 2964 16(1)(c) Discretionary, subject to exception; partial exemption; sustained; |
| 21(1)(c) Discretionary, subject to exception; partial exemption; not sustained; |
| 246 3165 13(1)(c) Mandatory, subject to exception; total exemption; |
respondent has failed to meet the onus of establishing
that the information was obtained in confidence;
not sustained.
| 16(1) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 247 3166 13(1)(c) As with respect to record 3165. |
| 16(1) Discretionary, subject to exception; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 248 3216 23 Discretionary; total exemption; sustained. |
| 249 3217 23 Discretionary; total exemption; not sustained. |
| 250 3218 23 Discretionary; total exemption; not sustained. |
| 251 3219 23 Discretionary; total exemption; sustained. |
| 252 3220 23 Discretionary; total exemption; sustained. |
| 253 3221 23 Discretionary; total exemption; sustained. |
| 254 3222 23 Discretionary; total exemption; sustained. |
| 255 3223 23 Discretionary; total exemption; sustained. |
| 256 3224 23 Discretionary; total exemption; sustained. |
| 257 3225 23 Discretionary; total exemption; sustained. |
| 258 3226 23 Discretionary; total exemption; sustained. |
| 259 3227 23 Discretionary; total exemption; not sustained. |
| 260 3228 23 Discretionary; total exemption; sustained. |
| 261 3229 23 Discretionary; total exemption; not sustained. |
| 262 3230 23 Discretionary; total exemption; not sustained. |
| 263 3231 23 Discretionary; total exemption; sustained. |
| 264 3232 23 Discretionary; total exemption; sustained. |
| 265 3233 23 Discretionary; total exemption; sustained. |
| 266 3234 23 Discretionary; total exemption; sustained. |
| 267 3235 23 Discretionary; total exemption; not sustained. |
| 268 3236 23 Discretionary; total exemption; not sustained. |
| 269 3237 23 Discretionary; total exemption; sustained. |
| 270 3238 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 271 3290 21(1)(a) Discretionary, subject to exception; total exemption; |
sustained.
| 272 3638 23 Discretionary; total exemption; sustained. |
| 273 3639 23 Discretionary; total exemption; sustained. |
| 274 3640 23 Discretionary; total exemption; sustained. |
| 275 3643 23 Discretionary; total exemption; sustained. |
| 276 3644 23 Discretionary; total exemption; sustained. |
| 277 3662 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 278 3698 13(1)(c) Mandatory, subject to exception; total exemption; |
sustained.
| 21(1)(a) Discretionary, subject to exception; total exemption; |
sustained.
| 279 3747 23 Discretionary; total exemption; sustained. |
| 280 3748 23 Discretionary; total exemption; sustained. |
| 281 3778 21(1)(a) Discretionary, subject to exception; partial exemption; |
not sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 282 3779 23 Discretionary; total exemption; sustained. |
| 283 3780 23 Discretionary; total exemption; not sustained. |
| 284 3781 23 Discretionary; total exemption; sustained. |
| 285 3782 23 Discretionary; total exemption; sustained. |
| 286 3783 23 Discretionary; total exemption; sustained. |
| 287 3784 23 Discretionary; total exemption; sustained. |
| 288 3785 23 Discretionary; total exemption; sustained. |
| 289 3786 23 Discretionary; total exemption; sustained. |
| 290 3787 23 Discretionary; total exemption; sustained. |
| 291 3788 23 Discretionary; total exemption; sustained. |
| 292 3789 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 293 3790 23 Discretionary; total exemption; sustained. |
| 294 3791 23 Discretionary; total exemption; sustained. |
| 295 3792 23 Discretionary; total exemption; sustained. |
| 296 3793 23 Discretionary; total exemption; sustained. |
| 297 3817 23 Discretionary; total exemption; sustained. |
| 298 3818 23 Discretionary; total exemption; sustained. |
| 299 3881 21(1)(a) Discretionary, subject to exemption; partial exemption; |
not sustained;
| 21(1)(b) Discretionary, subject to exemption; total exemption; |
not sustained;
| 300 3882 23 Discretionary; total exemption; sustained. |
| 301 3883 23 Discretionary; total exemption; not sustained. |
| 302 3884 23 Discretionary; total exemption; sustained. |
| 303 3885 23 Discretionary; total exemption; sustained. |
| 304 3886 23 Discretionary; total exemption; sustained. |
| 305 3887 23 Discretionary; total exemption; sustained. |
| 306 3887 23 Discretionary; total exemption; sustained. |
| 307 3888 23 Discretionary; total exemption; sustained. |
| 308 3889 23 Discretionary; total exemption; sustained. |
| 309 3890 23 Discretionary; total exemption; sustained. |
| 310 3891 23 Discretionary; total exemption; sustained. |
| 311 3892 23 Discretionary; total exemption; sustained. |
| 312 3893 23 Discretionary; total exemption; sustained. |
| 313 3894 23 Discretionary; total exemption; sustained. |
| 314 3896 23 Discretionary; total exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 315 3915 14 Discretionary; total exemption; sustained. |
| 21(1)(a) Discretionary, subject to exception; total exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; total exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; total exemption; |
sustained.
| 316 3916 23 Discretionary; total exemption; sustained in part; |
all of the second paragraph to the end of the quotation
should be released.
| 317 3927 23 Discretionary; total exemption; not sustained. |
| 318 3928 23 Discretionary; total exemption; not sustained. |
| 319 3929 21(1)(a) Discretionary, subject to exception; total exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; total exemption; |
sustained.
| 23 Discretionary; total exemption; sustained. |
| 320 3934 21(1)(a) Discretionary, subject to exception; total exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; total exemption; |
sustained.
| 321 4045 23 Discretionary; total exemption; sustained. |
| 322 4046 23 Discretionary; total exemption; sustained. |
| 323 4060 23 Discretionary; total exemption; sustained. |
| 324 4061 23 Discretionary; total exemption; sustained. |
| 325 4087 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 326 4090 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 327 4094 16(1)(c) Discretionary; partial exemption; sustained with |
respect to "Subject Name(s)", not with respect to
"file # (s)".
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| Record Page Exemption Comments and Decision |
Basis
| 328 4097 16(1)(c) Discretionary; partial exemption; sustained with respect |
to "Subject Name(s)", not with respect to "File # (s)".
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
329 4098 16(1)(c) Discretionary; partial exemption; sustained with respect
to "Subject Name(s)", not with respect to "File # (s).
21(10(c) Discretionary, subject to exception; partial exemption;
not sustained.
| 330 4129 16(1)(c) Discretionary; total exemption; sustained except with |
respect to closed investigation(s).
21(1)(c) Discretionary subject to exception; total exemption;
not sustained.
| 331 4130 16(1)(c) As in 330 - 4129. |
21(1)(c) As in 330 - 4129.
| 332 4131 16(1)(c) As in 330 - 4129. |
21(1)(c) As in 330 - 4129.
| 333 4132 16(1)(c) As in 330 - 4129. |
21(1)(c) As in 330 - 4129.
| 334 4133 16(1)(c) Discretionary; total exemption; sustained. |
21(1)(c) As in 330 - 4129.
| 335 4134 16(1)(c) Discretionary; total exemption; sustained. |
21(1)(c) As in 330 - 4129.
336 4135 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
337 4136 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
338 4137 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
339 4138 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
340 4139 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
341 4140 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
342 4141 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
| Record Page Exemption Comments and Decision |
Basis
343 4142 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
344 4143 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
345 4144 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
346 4145 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
347 4146 16(1)(c) Discretionary; total exemption; sustained.
21(1)(c) As in 330 - 4129.
348 4147 16(1)(c) As in 330 - 4129.
21(1)(c) As in 330 - 4129.
349 4206 21(1)(a) Discretionary, subject to exception; total exemption;
sustained.
21(1)(b) Discretionary, subject to exception; total exemption;
sustained.
21(1)(c) Discretionary, subject to exception; total exemption;
sustained.
23 Discretionary; total exemption; sustained.
350 4214 16(1)(c) Discretionary; partial exemption; sustained.
21(1)(c) Discretionary, subject to exception; partial exemption;
not sustained.
351 4215 16(1)(c) As in 350 - 4214
| 21(1)(c) As in 350 - 4214 |
| 352 4216 16(1)(c) As in 350 - 4214 |
| 21(1)(c) As in 350 - 4214 |
| 353 4306 23 Discretionary; total exemption; sustained. |
| 354 4312 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 355 4313 16(1)(c) As in 354 - 4312. |
| 21(1)(c) As in 354 - 4312. |
| 356 4316 16(1)(c) Discretionary; partial exception; sustained except |
with respect to "File # (s)".
| 21(1)(c) Discretionary, subject to exception, partial exemption; |
not sustained.
| Record Page Exemption Comments and Decision |
Basis
| 357 4319 16(1)(c) As in 356 - 4316. |
| 21(1)(c) As in 356 - 4316. |
| 358 4320 16(1)(c) As in 356 - 4316. |
| 21(1)(c) As in 356 - 4316. |
| 359 4330 23 Discretionary; total exemption; sustained. |
| 360 4331 23 Discretionary; total exemption; sustained. |
| 361 4332 23 Discretionary; total exemption; sustained. |
| 362 4333 23 Discretionary; total exemption; sustained |
| 363 4334 23 Discretionary; total exemption; sustained |
| 364 4345 16(1)(c) Discretionary, partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 365 4347 16(1)(c) As in 364 - 4345. |
| 21(1)(c) As in 364 - 4345. |
| 366 4350 16(1)(c) Discretionary; partial exemption; sustained except |
with respect to "File #".
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 367 4351 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 368 4352 16(1)(c) Discretionary; partial exemption; sustained except |
with respect to "File # (s)".
| 21(1)(c) Discretionary, subject to exception; partial exemption; sustained except with respect to "File # (s)". |
| 369 4353 16(1)(c) As in 368 - 4352. |
| 21(1)(c) As in 368 - 4352. |
| 370 4421 20(1)(b) Mandatory, subject to exception; partial exemption; |
sustained.
| 371 4422 23 Discretionary; partial exemption; sustained. |
| 372 4426 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 373 4428 16(1)(c) As in 372 - 4426. |
| 21(1)(c) As in 372 - 4426. |
| Record Page Exemption Comments and Decision |
Basis
| 374 4432 16(1)(c) Discretionary; partial exemption; sustained except |
with respect to "File # (s)".
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 375 4433 16(1)(c) As in 374 - 4432. |
| 21(1)(c) As in 374 - 4432. |
| 376 4435 16(1)(c) As in 374 - 4432. |
| 21(1)(c) As in 374 - 4432. |
| 377 4436 16(1)(c) As in 374 - 4432. |
| 21(1)(c) As in 374 - 4432. |
| 378 5284 23 Discretionary; partial exemption; not sustained. |
| 379 5289 23 Discretionary; total exemption; sustained. |
| 380 5320 21(1)(a) Discretionary, subject to exception; partial exemption; |
not sustained.
| 381 5412 23 Discretionary; partial exemption; sustained. |
| 382 5414 23 Discretionary; total exemption; sustained. |
| 383 5416 23 Discretionary; total exemption; sustained. |
| 384 5423 23 Discretionary; total exemption; sustained. |
| 385 5468 21(1)(a) Discretionary, subject to exception; total exemption; |
not sustained.
| 21(1)(b) Discretionary ,subject to exception; total exemption; |
not sustained.
| 23 Discretionary; total exemption; sustained. |
| 386 5469 20(1)(b) Mandatory, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 387 5472 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 388 5500 19(1) Mandatory, subject to exception; partial exemption; |
not sustained.
| 389 5593 21(1)(b) Discretionary, subject to exception; partial exemption; |
| sustained except with respect to the words: The "proposal" is ... defined as:" |
| 23 Discretionary; partial exemption; not sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 390 5645 23 Discretionary; total exemption; sustained. |
| 391 5835 23 Discretionary; total exemption; sustained. |
| 392 5836 23 Discretionary; total exemption; sustained. |
| 393 5837 23 Discretionary; total exemption; sustained. |
| 394 5859 21(1)(b) Discretionary, subject to exception; total exemption; |
sustained.
| 23 Discretionary; total exemption; sustained. |
| 395 6244 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 396 6270 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 23 Discretionary; partial exemption; sustained. |
| 397 6282 23 Discretionary; total exemption; sustained. |
| 398 6283 23 Discretionary; total exemption; sustained. |
| 399 6284 23 Discretionary; total exemption; sustained. |
| 400 6341 23 Discretionary; total exemption; sustained. |
| 401 6342 23 Discretionary; total exemption; sustained. |
| 402 6415 23 Discretionary; partial exemption; sustained. |
| 403 6419 21(1)(a) Discretionary, subject to exception; total exemption; |
not sustained.
| 21(1)(b) Discretionary, subject to exception; total exemption; |
not sustained.
| 23 Discretionary; total exemption; sustained. |
| 404 6421 21(1)(a) Discretionary, subject to exception; total exemption; |
not sustained.
| 21(1)(b) Discretionary, subject to exception; total exemption; |
not sustained.
| 23 Discretionary; total exemption; not sustained. |
| 405 6451 23 Discretionary; partial exemption; sustained. |
| 406 6454 23 Discretionary; partial exemption; sustained. |
| 407 6457 23 Discretionary; partial exemption; sustained. |
| 408 6463 23 Discretionary; partial exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 409 7003 20(1)(b) Mandatory, subject to exception; total exemption; |
not sustained.
| 20(1)(c) Mandatory, subject to exception; total exemption; |
not sustained.
| 410 7004 20(1)(b) Mandatory, subject to exception; total exemption; |
not sustained.
| 20(1)(c) Mandatory, subject to exception; total exemption; |
not sustained.
| 411 7005 20(1)(b) Mandatory, subject to exception; total exemption; |
not sustained.
| 20(1)(c) Mandatory, subject to exception; total exemption; |
not sustained.
| 412-486 7006-7080 20(1)(b) Mandatory, subject to exception; total exemption; |
sustained.
| 20(1)(c) Mandatory, subject to exception; total exemption; |
sustained.
| 487-492 7089-7094 20(1)(b) Mandatory, subject to exception; total exemption; |
sustained.
| 20(1)(c) Mandatory, subject to exception; total exemption; |
sustained.
| 493 7264 15(1) Discretionary; partial exemption; sustained. |
| 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 494 7266 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 23 Discretionary; partial exemption; sustained. |
| 495 7271 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 23 Discretionary; partial exemption; sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 496 7272 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 497 7273 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(c) Discretionary, subject to exception; partial exemption; |
not sustained.
| 23 Discretionary; partial exemption; sustained. |
| 498 7283A 19(1) Mandatory, subject to exception; total exemption; not |
sustained except with respect to names of individuals.
| 499 7283B 19(1) Mandatory, subject to exception; total exemption; not |
sustained except with respect to names of individuals.
| 500 7283C 19(1) Mandatory, subject to exception; total exemption; not |
sustained except with respect to names of individuals.
| 501 7283D 19(1) Mandatory, subject to exception; total exemption; not |
sustained except with respect to names of individuals.
| 502 7284 21(1)(b) Discretionary, subject to exception; partial exemption; |
sustained.
| 503 7287 23 Discretionary; total exemption; sustained. |
| 504 7287A 23 Discretionary; total exemption; sustained. |
| 505-524 7303-22 23 Discretionary; total exemption; sustained. |
| 525 7388 16(1)(c) Discretionary; partial exemption; sustained. |
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 526 7447 13(1)(c) Mandatory, subject to exception; partial exemption; |
sustained.
| 527 7508 23 Discretionary; partial exemption; sustained. |
| 528 7546 21(1)(a) Discretionary, subject to exception; partial exemption; |
not sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 529 7554 23 Discretionary; partial exemption; not sustained. |
| Record Page Exemption Comments and Decision |
Basis
| 530 7556 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained with respect to final sentence only.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 531 7557 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 532 7558 21(1)(a) Discretionary, subject to exception; partial exemption; |
sustained.
| 21(1)(b) Discretionary, subject to exception; partial exemption; |
not sustained.
| 533-43 7559-69 16(1)(a)(i) Discretionary; total exemption; sustained. |
| 23 Discretionary; total exemption; sustained. |
| 544 7575 23 Discretionary; partial exemption; sustained. |
| 545 7631 23 Discretionary; total exemption; sustained. |
(Video tape)
__________________
1 R.S.C. 1985, c. A-1.
2 This appears to be a revised and shortened list from the original list of files. This list of files appears at page 33 of the Applicants" Record.
3 [1997] 2 S.C.R. 403.
4 [1998] 2 F.C. 430 (C.A).
5 [1993] 1 F.C. 427 (T.D.).
6 [1998] 2 F.C. 351 (T.D.).