ACCESS TO INFORMATION |
Canada (Information Commissioner) v. President, Ponts Jacques-Cartier and Champlain Inc.
T-732-99
Blais J.
26/1/00
14 p.
Application for judicial review of decision of President of "Les Ponts Jacques-Cartier and Champlain Incorporées" refusing access to 1997 internal audit report prepared by firm Raymond Chabot Martin Paré--André Dauphinais, president of union representing employees of company in question, had asked respondent for copy of report--Respondent refused, relying on Access to Information Act, ss. 21 and 22--Information Commissioner recommended report be disclosed--Respondent refused to implement recommendation--Commissioner filed application for judicial review--Both Access to Information Act and case law placed onus on respondent to persuade Court report should not be disclosed--Report in question not plan--Under Act, s. 21(2) only report prepared by adviser or consultant officer or employee of government institution or member of minister's staff excluded--Report prepared by private firm and thus escaping application of s. 21(1)--Report in question contained results of internal audit--Since results excluded from scope of s. 22, respondent cannot rely thereon to refuse disclosure--Respondent has failed to demonstrate in any way apprehended injury should herein document be disclosed--Has failed to demonstrate that exemptions under Act apply herein--Application allowed--Acces to Information Act, R.S.C., 1985, c. A-1, ss. 21, 22.