Canada ( Information Commissioner ) v. Canada ( Minister of Industry )
T-394-99
Pelletier J.
26/4/99
8 pp.
Practice-Motion to have application for judicial review herein designated as specially managed proceeding pursuant to r. 384, and for series of directions incidental thereto-Main proceeding application for judicial review of Minister's refusal to disclose percentage weightings assigned to evaluation criteria used to assess proposals received by Minister of Industry Canada-With respect to objection to having requester appear as party to review, given Access to Information Act, s. 42(2), Court without discretion to deal with requester of information herein except as party, with certain restrictions: requester not free to raise issues other than those raised by Information Commissioner; requester and Information Commissioner not entitled to cover same ground in submissions or cross-examinations on affidavits; requester will not be given access to confidential affidavits to be filed-Even though Information Commissioner must file affidavit at initial stage to establish fact and extent of non-disclosure, ought to have opportunity to respond to case for non-disclosure made by respondent as respondent has burden of justifying non-disclosure-Information Commissioner and requester should file material simultaneously-They are identical in interest and have opportunity of consultation prior to finalizing and filing affidavits, as well as their application records-In view of directions given herein, and possibility of obtaining further directions, not necessary to designate this specially managed proceeding-Directions-Federal Court Rules, 1998, SOR/98-106, r. 384-Access to Information Act, R.S.C., 1985, c. A-1, s. 42(2).