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Docket: A-642-94

CORAM:                      DENAULT J.A. DESJARDINS J.A. DÉCARY J.A.

BETWEEN:

MICHEL GRIMARD

Appellant

AND

CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION

Respondent

Hearing held at Montréal on Monday, May 11, 1998

Judgment delivered at Montréal on Monday, May 11, 1998

REASONS FOR JUDGMENT OF THE COURT BY:                                           DENAULT J.A.

Date: 19980512 Docket: A-642-94

CORAM:                                              DENAULT J.A. DESJARDINS J.A. DÉCARY J.A.

BETWEEN:

MICHEL GRIMARD

Appellant

AND:

CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION

Respondent

REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montreal on Monday, May 11, 1998)

DENAULT J.A.

[1]         The appellant has not satisfied us that it is necessary to intervene to reverse the decision of the Trial Judge, who refused to set aside the decision of the Canadian Human Rights Commission's Access to Information Coordinator not to permit the disclosure of the text of an agreement.

Page: 2

Although the appellant was not a party to this agreement, he asked that its contents be disclosed because the individual to whom it relates had consented thereto and because the public interest required disclosure.

[2]         In order to allow the appeal in the instant case, the Court would have to agree that the individual to whom it relates, within the meaning of subsection 19(2) of the Access to Information Act, has properly expressed his consent. It is far from established that the letter in which the individual to whom it relates stated that he had no objection to the disclosure of the document should its disclosure be authorized by the Court, constituted such a consent.' The judge cannot be criticized for not accepting the appellant's submission on this point.

[3]           As for the obligation to disclose the document at issue in the name of the public interest, the Trial Judge rejected it on the basis of section 48 of the Canadian Human Rights Act. The Court sees no ground here to intervene.

In this letter, counsel for the individual to whom it relates stated: "While Mr. [X] is prepared to abide by his agreement with [Y], if the Court orders disclosure of the settlement agreement, he has no personal objection to release of this information." (Appeal Book, at p. 189)

[4]       The appeal will be dismissed without costs.

MONTRÉAL, QUEBEC May 12, 1998

Certified true translation

FEDERAL COURT OF APPEAL

Date: 19980512 Docket: A-642-94

Between:

MICHEL GRIMARD

Appellant

CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION

Respondent

REASONS FOR JUDGMENT

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                                          A-642-94

STYLE OF CAUSE:                                         MICHEL GRIMARD

AND

Appellant

CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION

Respondent

PLACE OF HEARING:                                    Montréal, Quebec

DATE OF HEARING:                                      May 11, 1998

REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE DENAULT, THE HONOURABLE MADAME JUSTICE DESJARDINS AND THE HONOURABLE MR. JUSTICE DÉCARY)

DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Denault

Dated:                                                      May 12, 1998

APPEARANCES:

Michel Grimard                                                             for the Appellant

Odette Lalumière                                                           for the Respondent

SOLICITORS OF RECORD:

Michel Grimard                                                             for the Appellant

George Thomson                                                           for the Respondent Deputy Attorney General of Canada

Ottawa, Ontario

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