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Rubin v. Canada (Minister of Health)
A-575-01
2003 FCA 37, Rothstein J.A.
23/1/03
5 pp.
Appeal from Trial Division decision ((2001), 14 C.P.R. (4th) 1) dismissing application for judicial review of Minister's refusal to give access to parts of Health Canada review on safety of calcum channel blockers--Appellant makes three arguments--First relating to confidentiality of research study of Professor Josefsson--Appellant's argument not supported by provisions of Access to Information Act-- Nothing in Act specifying third party must assert confidentiality in order to maintain confidentiality--Nothing in record suggesting failure to respond to subsequent communication meant study not treated consistently in confidential manner, as required by Act, s. 20(1)(b)--Second argument that Minister obliged to independently verify whether third party claims of confidentiality valid--Trial Judge entitled to considerable deference with respect to findings of mixed fact and law, absent an extricable legal error--However, no palpable or overriding error in present case in Trial Judge relying on evidence submitted by Minister and concluding no further evidence required--Third argument that exercise of discretion to disclose confidential information in public interest under Act, s. 20(6) must be done objectively --No authority for such interpretation of s. 20(6)--Appeal dismissed--Access to Information Act, R.S.C., 1985, c. A-1, ss. 20(1)(b), (6).