PRACTICE |
Confidentiality Orders |
Canada (Information Commissioner) v. Canada (Attorney General)
T-656-01
2001 FCT 599, Dubé J.
7/6/01
7 pp.
Access to information--Motion under Federal Court Rules, 1998, r. 151 for directions with respect to confidentiality of material regarding security arrangement at Office of Information Commissioner investigator's office (investigator examines confidential records on regular basis)--Commissioner investigating complaint re: refusal of head of DND to disclose minutes or documents produced from meetings between Minister and Deputy Minister of National Defence, Chief of Defence Staff and Minister's senior staff--Matter of balancing possible harm from disclosure with public interest in open judicial process--Without further particulars as to nature of security arrangements, whether administrative or physical, Commissioner has not established that public interest in confidentiality outweighs public interest in open judicial process--No reason to keep confidential certificates, annexed to Roy Hillier's affidavit, signed by Brigadier General Ross objecting to disclosure of information pursuant to Canada Evidence Act, ss. 37, 38--Principle of open public access to courts of sufficient importance to limit confidential orders to information that must be kept confidential--If Commissioner wishes to keep confidential physical, administrative, or other security arrangements in his office, relied upon for protection of information, request should be tailored to precise objective--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 151--Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37, 38.