[2011] 2 F.C.R. D-9
Access to Information
Judicial review of decision of Access to Information and Privacy Director at Privy Council Office (PCO) denying disclosure of information pursuant to Access to Information Act, R.S.C., 1985, c. A-1, s. 69(1)(f) because information constituting confidences of Queen’s Privy Council—Applicant requesting from PCO copy of reports of examination by PCO Clerk of proposed draft National Capital Commission Animal Regulations, SOR/2002-164, later enacted by Governor in Council under P.C. 2002-671—Applicant submitting, inter alia, that examination of proposed Regulations by PCO Clerk not constituting confidence of Queen’s Privy Council; PCO Clerk’s examination not undertaken at direction of Cabinet; examination not draft legislation, but information about draft legislation; before applying Act, s. 69, respondent required to provide same information as required by PCO Clerk under Canada Evidence Act, R.S.C., 1985, c. C-5 (CEA), s. 39—Issue whether Director properly invoking Act, s. 69(1) exclusion clause—Respondent taking overly narrow view of scope of access request—Applicant seeking records of examination of proposed regulations by PCO Clerk, not blue-starred proposed Regulations subsequently published in Canada Gazette, later enacted by Governor in Council—PCO Clerk having statutory duty to examine proposed draft Regulations apart from the examination made by Department of Justice—Blue-stamp draft regulations not necessarily equating to records of examination by PCO Clerk of proposed draft Regulations—However, applicant’s evidentiary record non-existent as to what transpired in PCO Clerk’s examination—No need herein for separate certificate CEA, s. 39 certification—No merit in applicant’s argument that proposed regulation not the same as draft legislation—Governor in Council maker of Regulations, not National Capital Commission—Governor in Council acting on advice of Cabinet or committee thereof—PCO Clerk’s examination part of that process—Application dismissed.
Quinn v. Canada (Prime Minister) (T-592-10, 2011 FC 379, Lemieux J., judgment dated March 29, 2011, 20 pp.)