Wells v. Canada ( Minister of Transport )
T-1729-92
Jerome A.C.J.
19/4/93
8 pp.
Motion by Information Commissioner for order deleting him as respondent and dismissing application for review brought under Access to Information Act, s. 41 -- Applicant requesting access to copy of tape recordings of hearings held at Edmonton -- Tape recording not in Transport Canada files-Applicant requesting Information Commissioner to investigate matter to determine whether record destroyed, transferred or hidden -- Commissioner rejecting complaint as thorough search for recordings conducted by Department -- Access to Information Act, ss. 37(5), 41, 42(1), 48, 49, 50 establishing mechanism for review of wrongful refusals to disclose -- Present application going far beyond scope of Access to Information Act to review actions of those improperly refusing access -- Information Commissioner having no authority to express dissatisfaction with departmental treatment of matter and to require new investigation or conduct own -- Court should not intervene when complaint against public body not refusal to fulfil statutory obligations but only manner of carrying out obligations, unless public body acting in bad faith or for improper motives -- Motion granted-Access to Information Act, R.S.C., 1985, c. A-1, ss. 37, 41, 42, 48, 49, 50.