PRACTICE |
Confidentiality Orders |
A.C. v. Canada (Minister of Citizenship and Immigration)
IMM-4678-02
2003 FC 1452, Russell J.
11/12/03
11 pp.
As ancillary matter to judicial review application, applicants brought motion for order sealing record in this case-- Information in question in public domain since November 1, 2002--Federal Court Rules, 1998, rr. 151, 152 anticipate material will not be filed before confidentiality order obtained--Difficult to see how information matter of public record for approximately one year confidential by any objective standard--Grounds for motion: applicants, witnesses, face risk of harm if returned to country of origin, as do relatives in that country--Harm alleged in form of reprisals for testifying on behalf of applicants at refugee hearing-- Principles, competing interests to be weighed in application of this nature well recognized in cases cited--On facts of present case, even if applicants could establish serious risk of harm, application still fraught with difficulties because essentially attempt to retroactively correct error of counsel--Information in question matter of public record for some time and so cannot be regarded as confidential--Harm envisaged not clearly established and remains speculative--No clear evidence risk real and substantial or well grounded in evidence and poses serious threat to applicants and their witnesses--Motion dismissed although certain measures ordered to protect identity of applicants, witnesses--Federal Court Rules, 1998, SOR/98-106, rr. 151, 152.