| Citation: |
Canada (Information Commissioner) v. Canada (Minister of National Defence), 2009 FCA 181, [2009] 3 F.C.R. D-9 |
A-413-08, A-379-08 |
Access to Information
Appeal, cross-appeal from portion of Federal Court judgment ([2009] 2 F.C.R. 86) concluding records under control of RCMP, Privy Council Office (PCO) containing Prime Minister’s agenda subject to disclosure under Access to Information Act, R.S.C., 1985, c. A-1—RCMP, PCO government institutions—Disclosure of records under government institution control subject to statutory exception found in Act, s. 19(1), precluding disclosure of personal information as defined in Privacy Act, R.S.C., 1985, c. P-21, s. 3—Trial Judge erring in law in importing into Privacy Act definitions of “public officer” from statutes using term in different contexts—Access to Information Act, Privacy Act drafted on basis of convention Prime Minister’s office institution of government separate from PCO—Inconsistent with intention of Parliament to interpret Privacy Act in way including Prime Minister within scope of “officer of a government institution” as used in definition of “personal information” in Privacy Act, s. 3(j)—Appeal, cross-appeal allowed.
Canada (Information Commissioner) v. Canada (Minister of National Defence) (A-413-08, A-379-08, 2009 FCA 181, Sharlow J.A., judgment dated May 29, 2009, 5 pp.)