Information Commissioner (Can.) v. Canada (Minister of Industry), (2000) 184 F.T.R. 210 (TD)

• Judge: Gibson, J.
• Court: Federal Court (Canada)
• Case Date: December 14, 1999
• Jurisdiction: Canada (Federal)
• Citations: (2000), 184 F.T.R. 210 (TD)

Information Commr. v. Can. (2000), 184 F.T.R. 210 (TD)

MLB headnote and full text

Temp. Cite: [2000] F.T.R. TBEd. FE.059

The Information Commissioner of Canada (applicant) v. The Minister of Industry Canada (respondent) and Patrick McIntyre (added party)

(T-394-99)

Indexed As: Information Commissioner (Can.) v. Canada (Minister of Industry)

Federal Court of Canada

Trial Division

Gibson, J.

January 14, 2000.

Summary:

McIntyre requested information from the Ministry of Industry (Can.), under the Access to Information Act. The Minister withheld a significant number of documents on the basis of various exemptions to dis­closure set out in the Act. McIntyre com­plained to the Information Commissioner. After an investigation and negotiation pro­cess, the Commissioner advised that he did not agree with the Minister's position on the disclosure of particular information, namely, the percentage weightings assigned to evalu­ation criteria used to assess certain proposals received by the Minister (i.e., the "weightings"). The Commissioner, with McIntyre's consent, applied under s. 42 of the Act for a review of the Minister's deci­sion.

The Federal Court of Canada, Trial Divi­sion, ordered that the "weightings" be dis­closed.

Crown - Topic 7208

Examination of public documents - Free­dom of information - Bars - Advice by public servants - The Minister of Industry (Can.) refused to disclose information, namely, the percentage weightings assigned to evaluation criteria used to assess certain proposals received by the Minister (i.e., the "weightings") - The Minister argued that the requested infor­mation contained advice or recommenda­tions developed by or for a minister of the Crown and was therefore exempt from disclosure (Access to Infor­mation Act, s. 21(1)(a)) - The Federal Court of Canada, Trial Division, ordered that the "weightings" be disclosed - While the weightings originated as "advice" or "rec­ommendations" to the Minister, they lost that character when the Minister accepted that advice - When he did so the weight­ings became "decisions".

Crown - Topic 7246

Examination of public documents - Free­dom of information - Judicial review - Standard of review - The Federal Court of Canada, Trial Divi­sion, discussed the standard of review of a discretionary refusal to disclose infor­mation - See para­graphs 17 and 18.

Cases Noticed:

Dagg v. Canada (Minister of Finance), [1997] 2 S.C.R. 403; 213 N.R. 161, refd to. [para. 11, footnote 2].

Rubin v. Canada (Minister of Transport), [1998] 2 F.C. 430; 221 N.R. 145 (F.C.A.), refd to. [para. 13, footnote 3].

Information Commissioner (Can.) v. Prime Minister (Can.), [1993] 1 F.C. 427; 57 F.T.R. 180 (T.D.), refd to. [para. 15, footnote 4].

Canadian Council of Christian Charities v. Canada (Minister of Finance) (1999), 168 F.T.R. 49; 99 D.T.C. 5337 (T.D.), refd to. [para. 17, footnote 5].

3430901 Canada Inc. et al. v. Minister of Industry Canada (1999), 177 F.T.R. 161 (T.D.), refd to. [para. 18, footnote 6].

Kelly v. Canada (Solicitor General) (1992), 53 F.T.R. 147 (T.D.), affd. (1993), 154 N.R. 319 (F.C.A.), refd to. [para. 18, footnote 7].

Canadian Jewish Congress v. Minister of Employment and Immigration, [1996] 1 F.C. 268; 102 F.T.R. 30 (T.D.), refd to. [para. 18, footnote 7].

Statutes Noticed:

Access to Information Act, R.S.C. 1985, c. A-1, sect. 2(1) [para. 9]; sect. 4(1) [para. 10]; sect. 21(1)(a) [para. 8]; sect. 25 [para. 7]; sect. 42 [para. 1]; sect. 49 [para. 16]; sect. 53 [para. 32].

Counsel:

Daniel Brunet, for the applicant;

Christopher Rupar, for the respondent.

Solicitors of Record:

Information Commissioner of Canada, Ottawa, Ontario, for the applicant;

Deputy Attorney General of Canada, De­partment of Justice, Ottawa, Ontario, for the respondent.

This application was heard on December 14, 1999, at Calgary, Alberta, by Gibson, J., of the Federal Court of Canada, Trial Divi­sion, who delivered the following decision on January 14, 2000.