Canada (Attorney General) v. Canada (Information Commissioner), 2002 CFPI 128 (2002)

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Canada (Attorney General) v. Canada (Information Commissioner), 2002 CFPI 128 (2002)

Recueil des arrêts de la Cour fédérale

Canada ( Attorney General ) c. Canada ( Information Commissioner ) [2002] 3 C.F. 630

Date: 20020201

Docket: T-582-01

Neutral citation: 2002 FCT 128

BETWEEN:

THE ATTORNEY GENERAL OF CANADA

and BRUCE HARTLEY

Applicants

- and -

THE INFORMATION COMMISSIONER OF CANADA

Respondent

REASONS FOR ORDER

McKEOWN J.

[1] The Information Commissioner seeks to remove certain counsel from a law firm and the law firm itself as solicitors of record for the Attorney General of Canada and for the individual applicants in certain court files. Furthermore, the Information Commissioner is not challenging the propriety of counsel from the firm continuing to represent individual witnesses before the Commissioner during the investigation process in accordance with the orders issued and the related undertakings that the Commissioner deemed necessary to ensure the integrity and privacy of his investigation. The Commissioner is also seeking to strike the Attorney General of Canada as a party from certain files and a stay of the Attorney General of Canada proceedings in certain court files.

[2] The motion is brought in response to 29 applications for judicial review brought by the Attorney General of Canada and named individuals. They all arise out of four access requests which have resulted in complaints to the Information Commissioner, who has commenced investigations. In all of these applications for judicial review, the Attorney General of Canada and the individual applicants as represented by counsel from Borden, Ladner, Gervais, LLP (BLG) have asked that the Commissioner provide them with transcripts and other information gathered during this private investigation pursuant to rule 317 of the Federal Court Rules, 1998 . In certain of the applications the applicants also seek an interim order setting aside the Confidentiality Orders issued by the Commissioner in relieving counsel from BLG of the undertakings with respect to confidentiality of the witnesses' evidence which they undertook in their capacity as counsel for the applicants/witnesses before the Co...

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