Canada ( Attorney General ) v. Canada ( Information Commissioner )
T-1928-96
McKeown J.
20/9/96
7 pp.
Application for prohibition or interim interlocutory injunction prohibiting Information Commissioner from publishing or delivering copy of report of findings dated August 16, 1996 to respondent Col. Drapeau and seeking to have affidavits filed confidentially-Applicants stating release of report will nullify application for judicial review of report and cause wrongful and irreparable harm to credibility of access to information process, Department of National Defence and certain individuals-Test of whether prohibition order or injunction should issue set out in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110: Serious issue, irreparable harm and balance of convenience-No serious issue and no damage to anyone's reputation when Commissioner finds reasonable apprehension of bias-Commissioner performed investigation pursuant to proper complaint under s. 30(1)(f)-No serious issue of lack of jurisdiction-No irreparable harm to applicants-Balance of convenience favours release of report-Application for prohibition or injunction dismissed-Application for confidential treatment of affidavits allowed to limited extent-S. 35(1) of Act providing investigation of complaint to be conducted in private-Access to Information Act, R.S.C., 1985, c. A-1, ss. 30(1)(f), 35(1).