Canada (Attorney General) v. Canada (Information Commissioner), 2002 FCT 624

Date: 20020531

Docket: T-582-01

Neutral citation: 2002 FCT 624

BETWEEN:

                                            THE ATTORNEY GENERAL OF CANADA

                                                              and BRUCE HARTLEY

                                                                                                                                                      Applicants

                                                                                 and

                                THE INFORMATION COMMISSIONER OF CANADA

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

McKEOWN J.

[1]                 The applicants have brought a motion for an order that the respondent provide counsel for the applicants with the transcripts of certain proceedings before the Information Commissioner's delegate, which I had ordered to be filed with the Court on a confidential basis.

[2]                 My Order of February 2, 2002 stated among other things:

3. The transcripts of the proceedings before the Information Commissioner's delegate be filed on a confidential basis on the judicial review applications in the following four groups only: the Confidentiality Order Applications, the Propriety of Questions Applications, the Compliance with Subpoena Application, and the ss. 37/38 Applications.

[3]                 In my reasons on the motion brought by the respondent to strike the Attorney General as a party and to remove applicants' counsel from the record, at paragraph 36 I stated:

Rules 151 and 152 of the Federal Court Rules, 1998 provide for the Court to make Orders requiring material to be filed to be treated as confidential. Where such an Order is made, unless otherwise ordered by the Court, only a solicitor of record or a solicitor assisting in the proceeding who is not a party, is entitled to have access to the confidential material.

[4]                 My Reasons and Order implied that the transcripts should be supplied to the Court and to counsel only. I agree with counsel for the applicant that my Order requires, as contemplated by Rule 152, that the transcripts should be provided on a confidential basis to counsel for the applicants only and not to the clients. Mr. Doody has already filed an undertaking: (1) not to disclose the contents of the transcripts of the proceedings before the Information Commissioner's delegate referred to in my Order, except to solicitors assisting in the proceedings or to the Court in the course of argument; (2) he would not permit those transcripts to be reproduced in whole or in part; (3) he would destroy the material and any notes on its contents and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes were no longer required for the proceeding or he ceased to be solicitor of record.

[5]                 The motion is granted.

[6]                 It is ordered that the respondent give to Peter K. Doody the transcripts of the proceedings before J. Alan Leadbeater, the delegate of the Information Commissioner, on March 30, April 11, April 30, April 25, April 26, May 15, June 12 and June 21, 2001, during which submissions were made on behalf of and evidence was heard from one or more of Bruce Hartley, Meribeth Morris, Randy Mylyk, Emechete Onuoha, Jean Pelletier, the Honourable Art Eggleton, Mel Cappe, and Sue Ronald.

[7]                 The respondent shall pay to the applicant the costs of this motion.

                                                                                                                                          "W.P. McKeown"

                                                                                                                                                           JUDGE

OTTAWA, ONTARIO

May 31, 2002

                          FEDERAL COURT OF CANADA

                              TRIAL DIVISION

           NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD

COURT FILE NO.:             T-582-01

STYLE OF CAUSE:             The Attorney General of Canada and Bruce Hartley v

The Information Commissioner of Canada

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES

REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE MCKEOWN

DATED:                       May 31, 2002

WRITTEN REPRESENTATIONS BY:

David W. Scott, Q.C.

Peter K. DoodyFor the Applicant

Daniel Brunet

Sonia HanFor the Respondent

SOLICITORS OF RECORD:

Borden Ladner Gervais LLP

Ottawa, OntarioFor the Applicant

Daniel Brunet

Ottawa, OntarioFor the Respondent