ACCESS TO INFORMATION |
Rowat v. Canada (Information Commissioner)
T-701-99
Campbell J.
9/6/00
16 pp.
Application to challenge jurisdiction of Commissioner of Information, to prohibit conduct of show cause hearing --Applicant also seeking declaration Access to Information Act, s. 36(1) of no force and effect as contravening Canadian Bill of Rights, s. 2(e), Charter, ss. 7, 11(d)--Applicant Senior Advisor to Privy Council Office, Deputy Minister of Department of Fisheries and Oceans between May 1994 and August 1997--Commissioner received complaints against heads of Privy Council Office, Department of Fisheries and Oceans--Complaints resulting from perceived breach of confidentiality arising out of processing of access to information requests regarding applicant's secondment, work-related expense claims between October 1996 and August 1997--Deputy Commissioner ordering applicant to respond to questions regarding source of information--As result of applicant's refusal to answer questions put to him, Deputy Commissioner set date upon which applicant required to show cause why should not be held in contempt--Act, s. 30(1)(f) conferring jurisdiction on Commissioner to investigate complaints made herein--By plain meaning of words used in s. 30(1)(f), Commissioner's obligation has wide scope--Given Parliament's intention clear from plain meaning of words used in Act, s. 30(1)(f), ejusdem generis rule not applicable--Commissioner having jurisdiction to investigate complaint herein--Without distinction, Charter, s. 11 engaged with respect to contempt proceedings--While s. 11 engaged in application of Act, s. 36(1)(a) by Commissioner, no breach occurred--Test for independence, impartiality similar, whether informed, reasonable person would perceive tribunal as independent--In exercising duties required under Act, in particular with respect to conduct of present case, informed, reasonable person would perceive Commissioner as impartial--Commissioner both independent, impartial--No evidence of breach of Charter, s. 7, contravention of Canadian Bill of Rights, s. 2(e)--No impediment to Honourable B.J. Greenberg conducting show cause hearing directed--Application dismissed--Access to Information Act, R.S.C., 1985, c. A-1, ss. 30 (as am. by S.C. 1992, c. 21, s. 4), 36 (as am. by R.S.C., 1985 (1st Supp.), c. 27, s. 187)--Canadian Bill of Rights, R.S.C., 1985, Appendix III, s. 2(e)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 11(d).