| Citation: |
Canada (Information Commissioner) v. Canada (Minister of National Defence), 2009 FCA 175, [2009] 3 F.C.R. D-9 |
A-378-08, A-379-08, A-380-08 |
Access to Information
Appeals from Federal Court judgment ([2009] 2 F.C.R. 86) dismissing judicial review of refusal by Prime Minister of Canada, Minister of National Defence, Minister of Transport to follow Information Commissioner’s recommendation to release records requested under Access to Information Act, R.S.C., 1985, c. A-1—Meaning of “government institution” as defined in Act, s. 3 —Act drafted on basis of convention Prime Minister’s Office institution of government separate from Privy Council Office, offices of Ministers institutions separate from departments over which Ministers preside—That understanding of government structure forming important part of factual context in which Act drafted and should be interpreted—Document under government institution control if contents relate to departmental matter, relevant government institution can reasonably expect to obtain copy upon request—Open to trial judge to answer questions at issue by drawing reasonable inferences from evidence—
Appeals dismissed.
Canada (Information Commissioner) v. Canada (Minister of National Defence) (A-378-08, A-379-08, A-380-08, 2009 FCA 175, Sharlow J.A., judgment dated May 27, 2009, 7 pp.)