Rubin v. Canada (Solicitor General), (1986) 1 F.T.R. 157 (TD)

• Court: Federal Court (Canada)
• Case Date: January 09, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 1 F.T.R. 157 (TD)

Rubin v. Can. (1986), 1 F.T.R. 157 (TD)

MLB headnote and full text

Rubin v. Solicitor General of Canada

(No. T-936-85)

Indexed As: Rubin v. Canada (Solicitor General)

Federal Court of Canada

Trial Division

Jerome, A.C.J.

February 5, 1986.

Summary:

Rubin applied under s. 41 of the Access to Information Act for disclosure of certain information that the Solicitor General refused to disclose on the ground that it was information relating to investigative techniques under s. 16(1)(b) of the Act.

The Federal Court of Canada, Trial Division, dismissed the application.

Crown - Topic 7209

Examination of public documents - Freedom of information - Bars - Information re investigative techniques - Section 16(1)(b) of the Access to Information Act allowed the Solicitor General to refuse to disclose "information relating to investigative techniques" - The Federal Court of Canada, Trial Division, refused to order disclosure of certain correspondence where the Solicitor General satisfied the court that the information was "sufficiently valuable to the R.C.M.P. that disclosure of it might hamper their normal police work".

Cases Noticed:

Maislin Industries Limited v. Minister for Industry, Trade and Commerce et al., 80 C.P.R.(2d) 253, refd to [para. 5].

Statutes Noticed:

Access to Information Act, S.C. 1980-81-82-83, c. 111, sect. 2(1), sect. 2(2) [para. 5]; sect. 16(1)(b) [para. 3]; sect. 41 [para. 1].

Counsel:

Appearances: Ken Rubin, on his own behalf;

Barbara McIsaac, for the respondent.

Solicitors of Record:

Frank Iacobucci, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on January 9, 1986, at Ottawa, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on February 5, 1986.