Do-Ky v. Canada ( Minister of Foreign Affairs and International Trade )
A-200-97
Sexton J.A.
6/5/99
6 pp.
Appeal from Trial Division decision ([1997] 2 F.C. 907) dismissing application for judicial review of Minister of Foreign Affairs and International Trade's decision denying applicant's request for disclosure of four diplomatic notes exchanged between Canada and another foreign state-Appeal proceeded in conformity with Access to Information Act, s. 47(1)-Foreign state objected to release of notes because issues discussed therein continued to be sensitive topics in that country-Information Commissioner upheld Minister's non-disclosure decision on basis of Act, s. 15(1) because release could reasonably be expected to be injurious to conduct of international affairs-Appeal dismissed-Upon examination of notes and confidential record, Motions Judge could reasonably conclude notes contained specific information disclosure of which could reasonably be expected to be injurious to conduct of international affairs-However, no "class exemption" for diplomatic notes-Under Act, s. 15(1), no presumption such notes contain information disclosure of which could reasonably be expected to be injurious to conduct of international relations-Evidence of this required-Proper to treat four diplomatic notes as one dialogue and to deal with them as one package-Access to Information Act, R.S.C., 1985, c. A-1, ss. 15(1), 47(1).