ACCESS TO INFORMATION |
Canadian Pacific Hotels Corp. v. Canada (Attorney General)
T-616-01
2004 FC 444, Russell J.
25/3/04
16 pp.
Application pursuant to Access to Information Act (Act), s. 44 for review of decision of Access to Information and Privacy Coordinator (AIPC), Canada Heritage Agency-- AIPC advised applicant that Agency intended to disclose Crown leases in their entirety--As to scope of request, Agency submitting Crown leases should be disclosed in response to request because referenced in other documents fitting specifics of request and because they carry historical contextual relevance for agreements signed since April 1, 1997--Applicant says Act not containing any provision requiring disclosure of third party document merely because referred to in other records to be disclosed--Whether third party in position of applicant who applies to Court for review under s. 44 can raise relevance and scope of request objections to forestall disclosure--General policy and intent of Act contained in s. 2(1)--Parliament's intent that government information should be available to public, and exceptions to this right of access should be limited and specific--Such exceptions must be specifically set out in Act--No exception based upon scope and relevance that third party can rely upon when seeking review under s. 44--Only place where relevance and scope come into play is in context of s. 6, facilitating provision--S. 6 containing no prohibition against disclosing documents not relevant to request--No exemption available to applicant based upon relevancy--As to s. 20(1)(c), applicant must demonstrate reasonable expectation of harm to competitive or financial position that would result from disclosure--Evidence brought forward by applicant on this ground speculative--As to s. 20(1)(d), applicant establishing real interference with contractual negotiations--Crown leases should be disclosed, but in redacted form ensuring harm envisaged by applicant under s. 20(1)(d) does not materialize--Access to Information Act, R.S.C., 1985, c. A-1, ss. 2(1), 6, 20(1), 44.