[2013] 3 F.C.R. D-9
Practice
Confidentiality Orders
Proceeds of Crime (Money Laundering) and Terrorist Financing Act—Motion by British Columbia Lottery Corporation (BCLC) for confidentiality order pursuant to Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, s. 73.21(4), Federal Courts Rules, SOR/98-106, r. 151, as well as for order maintaining confidentiality of hearing—Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) commencing compliance examination of BCLC, requiring BCLC to produce certain documentation—FINTRAC proceeding to issue notice of violation alleging BCLC non-compliant with Act—That notice affirmed by director of FINTRAC—Underlying proceeding appeal by BCLC from that decision—Order regarding sealing of documents, information as referred to, identified in Act granted—Act, s. 55 clear as to what information having to be kept confidential, sealed from public access—Not a matter of exercise of Court’s discretion—However, scope of sealing order requested by BCLC overly broad—BCLC seeking to maintain confidentiality of every document, piece of information on basis of practical difficulties or effort required to remove or redact that information which falls under the Act from that which does not—Such considerations not displacing public interest in open court process—With respect to confidentiality of hearing, matter best left to judge hearing merits—Order granted in part.
British Columbia Lottery Corporation v. Canada (Attorney General) (T-1801-10, 2012 FC 1204, Milczynski P., order dated October 15, 2012, 16 pp.)