| Citation: |
Canadian Broadcasting Corporation v. canada (Information Commissioner), 2010 FC 954, [2011] 1 F.C.R. D-7 |
T-1552-09 |
Access to information
Judicial review seeking declaration that Information Commissioner of Canada (Commissioner) not having authority to order access to Canadian Broadcasting Corporation (CBC) records because falling under exclusion in Access to Information Act, R.S.C., 1985, c. A-1, s. 68.1—CBC refusing to disclose certain records to Commissioner because information relating to journalistic, creative, programming activities contained therein—CBC relying on words “[t]his Act does not apply” in s. 68.1 to support argument—Interpretation contrary to purpose of Act, calling for liberal interpretation—S. 68.1 containing double negative, i.e. exception to exclusion—Commissioner requiring authority to review all records in question to determine whether information relating to general administration, falling under exception in s. 68.1—While included under “exclusions” in Act, s. 68.1 not exempted from independent review by Commissioner—Contrary would exempt CBC from Act and contravene its object, spirit—CBC not having full authority to determine whether records falling under exception in s. 68.1—Not Parliament’s intent, in adopting s. 68.1, to judicialize access to information request process by denying Commissioner authority, creating bifurcated process effectively amounting to single remedy of direct application for judicial review—Application dismissed.
Canadian Broadcasting Corporation v. Canada (Information Commissioner) (T-1552-09, 2010 FC 954, Boivin J., judgment dated September 24, 2010, 25 pp.)