Timiskaming Indian Band v. Canada ( Minister of Indian and Northern Affairs )
T-1685-94
Cullen J.
27/5/97
19 pp.
Application for judicial review of Minister's decision to give access to records requested under Access to Information Act-Information relating to applicant held by respondent-Access granted on basis information did not fall under any of exemptions in Act-Constitutional validity of Act, s. 13 vis-à-vis First Nation governments questioned: applicants seek remedy under Charter, s. 24 by way of interpretation of words "municipal governments" in Act, s. 13 to include Band councils-Request for "any land records"-1000 pages, including band council resolutions (BCRs) and minutes of band council meetings, identified as relevant to request-Issue whether all or part of information proposed to be disclosed ought to be disclosed-Application dismissed-(1) Whether fiduciary relationship encompassing confidentiality of documents-Case turning more on issue of confidentiality than on fiduciary obligation-No need to comment on existence of extent of fiduciary relationship herein-Even if trustee/fiduciary argument could be established, in fact, documents at issue already publicly available-(2) Whether information falling under confidentiality provisions in Act, s. 20(1)(b), (c), (d)-Case turning on this provision as records at issue must be of confidential nature in order to be exempted from disclosure, notwithstanding type of relationship Band enjoying with Crown-(A) Not falling under confidentiality provisions of Act, s. 20(1)(b): some information "financial, commercial, scientific or technical, however, no evidence information submitted to Department marked "confidential"-Furthermore, Department did not treat information as confidential, and provided no assurances it would not be disclosed-(B) Not falling within confidentiality provisions of s. 20(1)(c) or (d) as no reasonable expectation of probable harm from release of information-Assertion release of information may affect negotiations for lease of reserve lands annually for rodeo not meeting high standard of test established in case law-Where information available from Registry, not personal information pursuant to Act and can be disclosed-(3) Argument information herein information received from another government and falling under Act, s. 13 fails, as application thereof dependent on information having been obtained by Department "in confidence"-(4) Charter, s. 15 has no application as Act, s. 13 not applicable-Furthermore, if applicant claiming to be government within meaning of Act, s. 13(1)(d), cannot then claim protection of Charter, s. 15 as protection afforded to individuals, not governments-Access to Information Act, R.S.C., 1985, c. A-1, ss. 13, 20(1)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 15, 24.