Canada ( Information Commissioner ) v. Canada ( Commissioner of the Royal Canadian Mounted Police )
T-635-99
Cullen J.
18/11/99
16 pp.
Application for review under Access to Information Act, s. 42(1)(a) of decision by Commissioner of RCMP not to disclose records requested by Gordon Ronalds-Latter wrote to RCMP requesting copies, lists of numerous documents under their control, in their possession-RCMP replied all information requested exempt from disclosure under Access to Information Act, s. 19(1)-Mr. Ronalds complaining to Information Commissioner of Canada-Commissioner of RCMP refusing to release information requested by Information Commissioner-Application subject to procedural requirements stipulated in Access to Information Act-Term balance of probabilities encompassing other terms comfortably, adequate for purposes of resolving dispute-Information requested satisfies definition of personal information found in Privacy Act, s. 3(b)-Whether exemption to s. 3(b) contained in s. 3(j) applies to information-Court engaged in exercise of interpreting both Access to Information Act, s. 19, Privacy Act, s. 3-After careful consideration, balancing of respective interests entrenched in both enactments, Court concluding general nature of s. 3(j) not retrospective-No evidence before Court to suggest respondent considered applicant's request for public interest waiver under Privacy Act, s. 8-Court bound by reasons of La Forest J. in Dagg v. Canada (Minister of Finance), [1997] 2 S.C.R. 403-No evidence respondent has exercised statutory discretion to consider whether information in question might be disclosed under Privacy Act, s. 8(2)(m)(i)-Respondent failing in exercise of discretion required under Access to Information Act, s. 19(2)-Information requested by applicant not required to be disclosed under Access to Information Act, s. 19(1)-Matter of whether information should be released under Privacy Act, s. 8(2)(m)(i) to be considered by respondent-Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 42-Privacy Act, R.S.C., 1985, c. P-21, ss. 3 (as am. by S.C. 1992, c. 21, s. 34), 8(2)(m)(i).