Date: 20000118
Docket: T-2248-99
MONTRÉAL, QUEBEC, THE 18TH DAY OF JANUARY, 2000
PRESENT: Mr. RICHARD MORNEAU, PROTHONOTARY
Between:
ROYAL AVIATION INC.
Applicant
AND
TRANSPORT CANADA and
THE MINISTER OF TRANSPORT OF CANADA
Respondents
Motion by the applicant for an order of confidentiality and non-disclosure of information and records to be filed.
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] It seems to me that the applicant"s motion is too broad 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 applicant"s motion shall therefore be allowed in part. However, under Rule 53 it follows that the confidentiality order to be issued in this case is the following.
[3] THE COURT ORDERS that the affidavits and exhibits attached thereto proving facts, a part of the records requested or other records whose disclosure is not in dispute be filed with the Registry of the Court and dealt with in the usual way; and
[4] THE COURT FURTHER ORDERS that any part of a record requested pursuant to the Access to Information Act, the disclosure of which is the subject matter of the review proceeding in this case, be filed in confidence with the Registry and that the affidavits and exhibits relating thereto be identified as such and filed under sealed cover and that any party may present a new motion to the Court regarding the custody of the records under sealed cover; and
[5] THE COURT FURTHER ORDERS that any part of a requested record, any affidavits and exhibits appended thereto that are alleged to contain confidential information be filed with the Registry in a sealed envelope endorsed "confidential exhibit", which shall be kept sealed separate from the public records in order to remain beyond the knowledge of the public and of any person other than the applicant, the respondents, their solicitors and counsel, and that any confidential record be kept in a sealed envelope until the Court orders otherwise. Should any other party be added to the case, failing an order to the contrary only the counsel for such party shall be entitled to access to any confidential record that is filed; and
[6] THE COURT FURTHER ORDERS that any "confidential exhibit" contemplated in paragraph 5 shall be excluded from the public records that the parties are required to assemble and produce under the Rules.
[7] This order is effective and shall be placed in docket T-2249-99.
Certified true translation
Bernard Olivier
Federal Court of Canada
Trial Division
Date: 20000118
Docket: T-2248-99
Between:
ROYAL AVIATION INC.
Applicant
AND
TRANSPORT CANADA and
THE MINISTER OF TRANSPORT OF CANADA
Respondents
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE: ROYAL AVIATION INC. |
Applicant
| THE MINISTER OF TRANSPORT OF CANADA |
Respondents
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: January 17, 2000 |
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED: January18, 2000
APPEARANCES:
Pascale Gouin for the Applicant
SOLICITORS OF RECORD:
Legault Joly
Montréal, Quebec for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada for the Respondents
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