Delisle v. Canada ( Commanding Officer of the Royal Canadian Mounted Police )
T-2285-95
Noël J.
24-2-97
6 pp.
Appeal by Attorney General from interim decision of prothonotary-Clerk of Privy Council filing certificate under Canada Evidence Act, s. 39 in judicial review proceedings instituted by applicant-By filing certificate, Clerk of Privy Council objecting to production of certain information contained in application for judicial review-Same day, after certificate filed, Tremblay-Lamer J. dismissed application for judicial review-Judge giving no particular directions concerning file-Counsel for Attorney General asking file be kept sealed on interim basis until main motion disposed of-Prothonotary denying request at hearing-Pursuant to decision, Registrar of Court removing "confidential" seal affixed to file-Prothonotary right to question seriousness of efforts made by Attorney General to have file sealed-Canada Evidence Act, s. 39 does not have effect Attorney General seeming to want to attribute to it-In instant case, information in question public knowledge since November and December 1995-S. 39 has no effect on information already disclosed-Does not authorize Court to order information already produced to it be subsequently taken out of public domain-Prothonotary concluding Attorney General's right to have file sealed seemed to him to be too uncertain to justify interim order-Having regard to applicable law, conclusion justified-Because certificate filed too late, had none of effects set out in s. 39-Appeal dismissed-Canada Evidence Act, R.S.C., 1985, c. C-5, s. 39.