ACCESS TO INFORMATION |
Coopérative fédérée du Québec v. Canada (Agriculture and Agri-Food)
T-1798-98
Pinard J.
7/1/00
12 pp.
Application for judicial review of respondent's decision authorizing disclosure of records in response to access to information request sent to Canadian Food Inspection Agency concerning some facility inspection reports--Applicants objecting to disclosure of reports in question, citing exemptions prescribed in Access to Information Act, s. 20(1)(c),(d)--Whether disclosure of requested records and information should be refused pursuant to provisions cited--Disclosure general rule and exemption exception--Burden on persons claiming exemption to prove entitlement--Disputed reports, periodic dating back one to three years and strictly concerned with state of facility visited, not quality of product found therein--Access to information should not be prohibited solely because information might be unfavourable to persons concerned--Merit in avoiding risk of suppression of legitimate comment outweighs risk of wrongful comment--No real basis in evidence for applicants' straightforward statements as to financial consequences of disclosure of information and impact on competitive position, or consequences of such disclosure on future contracts--Mere conjecture failing to meet test of "reasonable expectation of probable harm"--Applicants failed to discharge onus of establishing documents requested under Act contain type of information covered in s. 20(1)(c), (d)--Access to Information Act, R.S.C., 1985, c. A-1, s. 20.