Société Gamma Inc. v. Canada ( Department of Secretary of State )
T-1587-93 / T-1588-93
Strayer J.
27/4/94
8 pp.
Applications for orders preventing respondent from disclosing information pertaining to contracts for translation services -- In context of Access to Information Act, s. 20(1), trade secrets must have reasonably narrow interpretation since one would assume they do not overlap to other categories -- No need for any harm to be demonstrated from disclosure for it to be protected -- Trade secret must be something, probably of technical nature, guarded very closely and of such peculiar value to owner of trade secret, harm would be presumed by mere disclosure -- Whole of proposal of applicant cannot be of that nature, and applicant not identifying any particular aspect which must be regarded as trade secret -- Most of proposal format which applicant striving to protect cannot be regarded as "secret" at all -- When would-be contractor setting out to win government contract, should not expect terms upon which prepared to contract, including capacities firm bringing to task, to be kept fully insulated from disclosure obligations of government of Canada as part of accountability -- Onus on person claiming exemption from disclosure to show material in question coming within one of criteria of Act, s. 20(1); claimant did not demonstrate material of confidential nature -- Applicant not demonstrating success so precariously dependent on form of proposals instead of on competitive advantage based on past record and future capacity -- No reasonable expectation of interference with future negotiations proven -- Applications dismissed -- Access to Information Act, R.S.C., 1985, c. A-1, ss. 20(1), 44.