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Jacques Whitford Environment Ltd. v. Canada (Minister of National Defence)

T-124-00

2001 FCT 556, O'Keefe J.

30/5/01

28 pp.

Application for judicial review of decision by Department of National Defence (DND) to disclose certain records pertaining to applicant, ISO 14000/1 accreditation of military flight training monitoring program at 5 Wing Goose Bay--Applicant submitting unsolicited proposal to DND--Unsolicited proposal containing description of methodology to be employed for perceived need of DND--Not accepted by DND--Following request for access to records and complaints to Information Commissioner, DND notified applicant unsolicited proposal would be disclosed--Application allowed in part--Applicant meeting all criteria for confidential information--Confidential information in document not available from sources otherwise accessible by public, nor could it be obtained by observation, independent study by member of public acting on his own--Information communicated in relationship not contrary to public interest, fostered for public benefit by confidential communication--Information contained in unsolicited proposal, with exceptions of severed portion of document, meeting requirements of Act, s. 20(1)(b), shall not be disclosed--Evidence submitted not allowing document (unsolicited proposal) to qualify for non-disclosure under Act, s. 20(1)(c)--Number of paragraphs severed, will be disclosed under Act, s. 51--Personal information covered by Act, s. 19(1) will not be disclosed--Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 20, 51.

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