Date: 20030826
Docket: T-1112-03
Citation: 2003 FC 1001
Montréal, Quebec, August 26, 2003
BEFORE: Richard Morneau, Prothonotary
BETWEEN:
SOCIÉTÉ NATIONALE DU CHEVAL DE COURSE
Plaintiff
and
DEPARTMENT OF AGRICULTURE
AND AGRI-FOOD CANADA
Defendant
Motion by the plaintiff for an order of confidentiality and for an extension of time.
REASONS FOR ORDER AND ORDER
[1] It seems to me that plaintiff's motion is too broad and sweeping in its conclusions for the purposes of section 47 of the Access to Information Act, R.S.C. 1985, c. A-7, as amended, and rules 151 and 152 of the Federal Court Rules, 1998.
[2] The plaintiff's motion should therefore be granted in part. Under rule 53, however, it follows that the order of confidentiality in the case at bar shall be as follows:
[3] THE COURT ORDERS that the affidavits and related exhibits setting forth facts, a part of the records requested or other records whose disclosure is not at issue be filed in the Registry of the Court and processed in the usual way; and
[4] THE COURT FURTHER ORDERS that any part of a record requested under the Access to Information Act, the disclosure of which is at issue in this case, be filed confidentially in the Registry and that the affidavits and related exhibits be identified as such and filed in a sealed envelope, and that any party may file a new motion in the Court respecting the custody of the documents under seal; and
[5] THE COURT FURTHER ORDERS that any portion of a record that is requested and all affidavits and exhibits appended thereto that are alleged to contain confidential information be filed in the Registry in a sealed envelope bearing the notation [TRANSLATION] "Confidential exhibit", which shall be kept sealed and apart from the public record so as to remain undisclosed to the public and any person other than the plaintiff, the defendant, their counsel and advisors, and that any confidential document shall be kept in a sealed envelope until the Court directs otherwise; and
[6] THE COURT FURTHER ORDERS that any [TRANSLATION] "Confidential exhibit" covered by paragraph 5 be excluded from the public records which the parties are required by the Rules to assemble and file.
[7] Additionally, the plaintiff will be given until September 25, 2003 to file its affidavit(s) and the documentation it intends to use.
[8] The defendant shall have thirty (30) days from the service of the plaintiff's affidavit(s) to file its affidavits and the documentation to be used in support of its position.
[9] The remaining applicable rules will follow their course.
"Richard Moreau"
Prothonotary
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
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