Information Commissioner (Can.) v. Minister of Employment and Immigration, (1986) 5 F.T.R. 287 (TD)

CourtFederal Court (Canada)
Case DateNovember 27, 1985
JurisdictionCanada (Federal)
Citations(1986), 5 F.T.R. 287 (TD)

Information Comm. v. MEI (1986), 5 F.T.R. 287 (TD)

MLB headnote and full text

Information Commissioner v. Minister of Employment and Immigration

(T-276-85)

Indexed As: Information Commissioner (Can.) v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Jerome, A.C.J.

May 2, 1986.

Summary:

A Canadian citizen applied to the Employment and Immigration Commission under the Privacy Act for full access to and disclosure of the immigration file respecting the sponsorship of his wife's application for permanent resident status in Canada. The Commission complied in part, giving the citizen all personal information relating to himself, but exempting personal information relating to his wife. Subsequently, his wife applied to the Commission for access to the immigration file respecting her application for permanent residence. The Commission again denied access to the personal information on the ground that she was not a Canadian citizen or permanent resident as required by s. 12(1) of the Privacy Act. The citizen then applied to the Commission for access to the material pursuant to the Access to Information Act. The Commission again denied the request on the ground that the information should be requested under the Privacy Act and, since he had submitted a request under that Act, he would receive all personal information to which he was entitled under that Act. Subsequently, the solicitor representing the wife applied under the Access to Information Act to the Commission for access to the requested information. The wife consented to the release of the information. The Commission also denied the solicitor access to the information. The solicitor filed a complaint with the Information Commissioner who, following an investigation, recommended that the information be released. The Commission continued to refuse to disclose certain information. The Information Commissioner applied for judicial review of the Commission's decision under s. 42(1)(a) of the Access to Information Act.

The Federal Court of Canada, Trial Division, allowed the application and ordered the Commission to disclose the records to the wife's solicitor.

Crown - Topic 7170

Examination of public documents - Freedom of information legislation - Disclosure - Personal information - S. 19(2) of the Access to Information Act provided that the head of a government institution "may" disclose personal information if certain conditions were met - The Federal Court of Canada, Trial Division, held that the use of the word "may" did not impose a discretion not to disclose even if the conditions were met - The court held that if the conditions were met, the head of the government institution was under what was tantamount to an obligation to disclose the information.

Statutes - Topic 4988

Operation and effect - Enabling acts - Power coupled with duty - Imperative power - "May" construed as imperative - S. 19(2) of the Access to Information Act provided that the head of a government institution "may" disclose personal information if certain conditions were met - The Federal Court of Canada, Trial Division, held that the use of the word "may" did not impose a discretion not to disclose even if the conditions were met - The court held that if the conditions were met, the head of the government institution was under what was tantamount to an obligation to disclose the information.

Cases Noticed:

Maple Lodge Farms v. Government of Canada, [1982] 2 S.C.R. 2; 44 N.R. 354, refd to. [para. 4].

Maple Lodge Farms v. Government of Canada (1980), 42 N.R. 312 (F.C.A.), refd to. [para. 4].

Julius v. The Right Rev. the Lord Bishop of Oxford (1879-80), 5 App. Cas. 214, refd to. [para. 4].

Labour Relations Board of Saskatchewan v. The Queen on the relation of F.W. Woolworth Co. Ltd., [1956] S.C.R. 82, refd to. [para. 4].

Maislin Industries Limited v. Honourable Minister for Industry, Trade and Commerce et al., [1984] 1 F.C. 939, refd to. [para. 5].

Statutes Noticed:

Access to Information Act, S.C. 1980-81-82, c. 111, sect. 4 [para. 5]; sect. 19 [para. 2]; sect. 19(2) [paras. 2, 4]; sect. 42(1)(a) [para. 1]; sect. 48 [para. 2].

Counsel:

B. Mann, for the applicant;

B. McIsaac, for the respondent.

Solicitors of Record:

Legal Counsel, Information Commissioner of Canada, for the applicant;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, for the respondent.

This application was heard before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, at Ottawa, Ontario on November 27, 1985. The decision of Jerome, A.C.J., was delivered on May 2, 1986.

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12 practice notes
  • Dagg v. Canada (Minister of Finance), (1997) 213 N.R. 161 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Junio 1997
    ...1 F.C. 395 ; 32 F.T.R. 161 (T.D.), refd to. [para. 52]. Information Commissioner (Can.) v. Minister of Employment and Immigration (1986), 5 F.T.R. 287 (T.D.), refd to. [para. 53]. Bland v. National Capital Commission et al., [1991] 1 F.C. 325 ; 41 F.T.R. 202 (T.D.), refd to. [para. 54]......
  • Canadian Jewish Congress v. Minister of Employment and Immigration, (1995) 102 F.T.R. 30 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 Octubre 1995
    ...(F.C.A.), refd to. [para. 24, footnote 14]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), disagreed with [para. Bland v. National Capital Commission et al., [1991] 3 F.C. 325 ; 41 F.T.R. 202 (T.D.), disagreed with [par......
  • Information Commissioner (Can.) v. Canada (Minister of Industry), 2007 FCA 212
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 27 Marzo 2007
    ...256 ; 2002 FCA 414 , refd to. [para. 7]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), consd. [para. 3430901 Canada Inc. et al. v. Canada (Minister of Industry), [2001] 1 F.C. 421 ; 282 N.R. 284 ; 2001 FCA 254 , refd ......
  • Rubin v. Canada (Minister of Transport), (1997) 221 N.R. 145 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 23 Septiembre 1997
    ... (T.D.), refd to. [para. 18, footnote 2]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), refd to. [para. 19, footnote Société de Transport de la Communauté Urbaine de Montréal v. Canada (Minister of the Environment) (1987......
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12 cases
  • Dagg v. Canada (Minister of Finance), (1997) 213 N.R. 161 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • 26 Junio 1997
    ...1 F.C. 395 ; 32 F.T.R. 161 (T.D.), refd to. [para. 52]. Information Commissioner (Can.) v. Minister of Employment and Immigration (1986), 5 F.T.R. 287 (T.D.), refd to. [para. 53]. Bland v. National Capital Commission et al., [1991] 1 F.C. 325 ; 41 F.T.R. 202 (T.D.), refd to. [para. 54]......
  • Canadian Jewish Congress v. Minister of Employment and Immigration, (1995) 102 F.T.R. 30 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 Octubre 1995
    ...(F.C.A.), refd to. [para. 24, footnote 14]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), disagreed with [para. Bland v. National Capital Commission et al., [1991] 3 F.C. 325 ; 41 F.T.R. 202 (T.D.), disagreed with [par......
  • Information Commissioner (Can.) v. Canada (Minister of Industry), 2007 FCA 212
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 27 Marzo 2007
    ...256 ; 2002 FCA 414 , refd to. [para. 7]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), consd. [para. 3430901 Canada Inc. et al. v. Canada (Minister of Industry), [2001] 1 F.C. 421 ; 282 N.R. 284 ; 2001 FCA 254 , refd ......
  • Rubin v. Canada (Minister of Transport), (1997) 221 N.R. 145 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 23 Septiembre 1997
    ... (T.D.), refd to. [para. 18, footnote 2]. Information Commissioner (Can.) v. Minister of Employment and Immigration, [1986] 3 F.C. 63 ; 5 F.T.R. 287 (T.D.), refd to. [para. 19, footnote Société de Transport de la Communauté Urbaine de Montréal v. Canada (Minister of the Environment) (1987......
  • Request a trial to view additional results

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