Rubin v. Clerk of the Privy Council, (1993) 63 F.T.R. 1 (TD)

• Jurisdiction: Federal Jurisdiction (Canada)
• Judge: Rothstein, J.
• Citation: (1993), 63 F.T.R. 1 (TD)
• Court: Federal Court (Canada)
• Date: 13 January 1993

Rubin v. Clerk of the Privy Council (1993), 63 F.T.R. 1 (TD)

MLB headnote and full text

Ken Rubin (applicant) v. The Clerk of the Privy Council (respondent)

(T-2922-91)

Indexed As: Rubin v. Clerk of the Privy Council

Federal Court of Canada

Trial Division

Rothstein, J.

March 2, 1993.

Summary:

The applicant applied for review of the refusal of the Privy Council Office to dis­close its representations to the Information Commissioner on a previous request for information by the applicant.

The Federal Court of Canada, Trial Divi­sion, allowed the application and held that the representations to the Commissioner could not be kept confidential after the Commissioner's investigation was complete.

Crown - Topic 7113

Examination of public documents - Free­dom of information - General - Dis­closure of party's representations to Com­missioner - After the Privy Council re­fused an applicant's request for disclosure of information, the applicant complained to the Information Commissioner, who after investigation upheld the refusal - The applicant then requested that the Privy Council disclose its representations to the Commissioner, which it refused to do - The Commissioner upheld the refusal - The Federal Court of Canada, Trial Divi­sion, held that the representations to the Commissioner could not be kept confi­dential after the Commissioner's investiga­tion was complete - The court held that "representations" included "all drafts and supporting documentation" generated to communicate with the Commissioner.

Cases Noticed:

X v. Canada (Minister of National Defence), [1992] 1 F.C. 77; 46 F.T.R. 206 (T.D.), refd to. [para. 12].

Davidson v. Canada (Solicitor General), [1989] 2 F.C. 341; 98 N.R. 127 (F.C.A.), refd to. [para. 12].

American Airlines Inc. v. Competition Tribunal (Can.) et al. (1988), 89 N.R. 241; 23 C.P.R.(3d) 178 (F.C.A.), appld. [para. 25].

Statutes Noticed:

Access to Information Act, R.S.C. 1985, c. A-1, sect. 4 [para. 17]; sect. 16(1)(c) [para. 6]; sect. 21(1) [para. 26]; sect. 35 [para. 6].

Counsel:

Ken Rubin, on his own behalf;

Barbara McIsaac, for the respondent.

Solicitors of Record:

Ken Rubin, on his own behalf;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This case was heard on January 13, 1993, at Ottawa, Ontario, before Rothstein, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on March 2, 1993: