PRACTICE |
Confidentiality Orders |
Canada (Minister of Citizenship and Immigration) v. Tiky
IMM-5693-00
2001 FCT 1093, Blais J.
5/10/01
6 pp.
Motion for order access to Court records be prohibited without leave of Court--Hearings before Refugee Division confidential--When applicant decided to file, serve application for leave, judicial review on November 2, 2000, case in public domain--All reasons, arguments provided by respondent for motion for confidentiality could have been presented after November 2, 2000--Respondent failed to provide relevant evidence that could justify why Court should allow respondent to file, serve supplementary affidavit in relation to motion for confidentiality--Motion to file, serve supplementary affidavit dismissed--To succeed on motion for confidentiality, respondent had to demonstrate why Court should depart from principle Court proceedings to be conducted in public, Court files to remain open--Respondent failing to meet conditions described by S.C.C. in Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835--No valid reasons to justify granting of motion for confidentiality by Court--Motion for confidentiality dismissed.