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Canadian Jewish Congress v. Canada ( Minister of Employment and Immigration )

T-1284-92

Cullen J.

2/6/93

4 pp.

Motion for order requiring Minister to grant counsel for applicant access to immigration file of Vladimir Sokolov subject to undertaking counsel will not disclose information contained therein to any other party, including applicant -- Sokolov's American citizenship revoked for concealing past as alleged Nazi collaborator when entering U.S. -- Canadian immigration officials refusing to disclose information relating to Sokolov's immigration status on ground "personal information" under Access to Information Act, s. 19(1) -- Information Commissioner upholding Minister's decision -- Applicant seeking review of Minister's refusal, in response to which Minister filing affidavit -- Applicant arguing access to Sokolov's immigration file on confidential basis necessary to cross-examine affiant and argue within application -- Motion allowed -- Each party entitled to see everything relevant to Court's decision -- Counsel cannot be expected to argue intelligently on nature of document not yet seen -- Undertakings by counsel having solid record of success -- Information secured under conditions not revealed -- No other way for counsel to receive information vital to client's case -- Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 41.

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