Date:
20121003
Docket:
A-364-11
Citation:
2012 FCA 250
CORAM: NADON
J.A.
PELLETIER
J.A.
TRUDEL
J.A.
BETWEEN:
MINISTER
OF CANADIAN HERITAGE
Appellant
and
JIM
BRONSKILL
Respondent
and
INFORMATION COMMISSIONER OF CANADA
Intervener
Heard
at Ottawa, Ontario, on October 3, 2012.
Judgment
delivered from the Bench at Ottawa, Ontario, on October 3, 2012.
REASONS FOR JUDGMENT OF THE COURT
BY: NADON J.A.
Date:
20121003
Docket:
A-364-11
Citation:
2012 FCA 250
CORAM: NADON
J.A.
PELLETIER J.A.
TRUDEL
J.A.
BETWEEN:
MINISTER
OF CANADIAN HERITAGE
Appellant
and
JIM
BRONSKILL
Respondent
and
INFORMATION COMMISSIONER OF CANADA
Intervener
REASONS FOR JUDGMENT
OF THE COURT
(Delivered
from the Bench at Ottawa, Ontario, on October 3, 2012)
NADON J.A.
[1]
In
view of the concessions made by counsel for the appellant at the hearing, and
in particular, that the historical significance of the documents at issue was a
valid consideration in the exercise of the discretion to either disclose or not
the sought-after documents, we see no basis to interfere with the judgment
rendered by Noël J., other than in the following respects:
1.
With
regard to the first paragraph of the judgment, by striking the words “with
specific guidance to consider these reasons, their spirit as well as the
examples found in the Annex”.
2.
With
respect to the second paragraph of the judgment, we would add, after the word
“control”, found in line 2 of the paragraph, the words “as described in the
access to information request”.
[2]
In
light of these conclusions, it is not necessary for us to embark upon a review
of the application judge’s reasons. Accordingly, we do not wish to be taken as
to having endorsed him.
[3]
For
these reasons, the appeal will be allowed.
“M. Nadon”
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-364-11
STYLE OF CAUSE: MINISTER
OF CANADIAN HERITAGE V. JIM BRONSKILL
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: October
3, 2012
REASONS FOR JUDGMENT
OF THE COURT BY: NADON,
PELLETIER, TRUDEL JJ.A.
DELIVERED FROM THE
BENCH BY: NADON
J.A.
APPEARANCES:
|
Alain
Préfontaine
Hélène
Robertson
|
FOR
THE APPELLANT
|
|
Paul
Champ
Yannick
Landry
Allison
Knight
|
FOR
THE RESPONDENT
FOR
THE INTERVENER
|
SOLICITORS
OF RECORD:
|
Myles
J. Kirvan
Deputy
Attorney General of Canada
|
FOR THE APPELLANT
|
|
Champ
and Associates
Ottawa, ON
Office
of the Information Commissioner of Canada
Ottawa, ON
|
FOR THE RESPONDENT
FOR
THE INTERVENER
|
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