Hutton v. Canada ( Minister of Natural Resources )
T-2185-96
Gibson J.
31/10/97
17 pp.
Application to review decision of Minister of Natural Resources denying applicant's request under Access to Information Act for access to records in Minister's control relating to studies conducted by Canadian Explosive Research Laboratory (CERL)-Applicant law student employed as summer student with large Canadian law firm-Entitled to make access request as Canadian citizen under Act, s. 4(1)-Whether Minister erred in rejecting applicant's request for access to requested record on basis of Act, ss. 18(b), 20(1)(b), (c), (d)-Latter exceptions to statutory right of access-Authority of Minister to refuse disclosure under s. 18(b) discretionary-Refusal to disclose record under s. 20(1)(b), (c), (d) mandatory-CERL government institution within purview of Minister-Primary function to provide technical services, advice to Chief Inspector of Explosives and Explosives Regulatory Division of Minister's Department-Contract under which requested record produced containing express undertaking on part of CERL of complete confidentiality-Minister right in determining disclosure of requested record could reasonably be expected to prejudice competitive position of CERL-Protection of CERL's competitive position important public policy concern-Discretion vested in Minister properly exercised-Minister's decision to refuse disclosure on basis of s. 18(b) upheld-Terra International Inc. in business of manufacturing, distributing fertilizer, crop production products, seed and nitrogen products, including nitrogen fertilizers-In December 1994, catastrophic explosion occurred at one of its fertilizer plants causing substantial damage to real, personal property, resulting in death of four employees, injuries to eighteen others-Terra engaged in substantial litigation in U.S.A.-Retained CERL as non-testifying litigation consultant to assist counsel on matters relating to explosion, resultant litigation-Requested record not containing financial, commercial, scientific, technical information supplied to CERL by Terra, treated consistently in confidential matter by supplier-Requested record not within ambit of s. 20(1)(b)-Falling within terms of s. 20(1)(c), (d)-Magnitude of amounts at stake in litigation before U.S. courts that could reasonably be expected to be subject of settlement negotiations-Decision not to rely on discretionary authority to disclose under s. 20(6) and not to sever under s. 25 reasonable-Application dismissed-Access to Information Act, R.S.C., 1985, c. A-1, ss. 4(1), 18, 20, 25.