Coopérative Fédéree du Québec v. Canada (Agriculture et Agroalimentaire), docket T-1798-98

     Date: 19991029

     Docket: T-1798-98

MONTRÉAL, QUEBEC, THE 29^TH DAY OF OCTOBER 1999

PRESENT: RICHARD MORNEAU, PROTHONOTARY

Between:

COOPÉRATIVE FÉDÉRÉE DU QUÉBEC

and its poultry division carrying on business

under the name of ALIMENTS FLAMINGO and

SOCIÉTÉ EN COMMANDITE OLYMEL

Plaintiffs

AND

AGRICULTURE AND AGRI-FOOD CANADA

and

BERNARD DRAINVILLE

Defendants

     Motion by the plaintiffs for:

1.      an order that the entire hearing of this matter be held in camera;

2.      in the alternative, an order that the evidence and submissions referring to some documents previously filed in confidence by the plaintiffs in the Court record be heard in camera.

[Section 47 of the Access to Information Act, R.S.C. 1985, c. A-1

Rules 29(2) and 358 et seq. of the Federal Court Rules, 1998]

REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]      I do not think the plaintiffs are entitled in this case to an in camera order in relation to the entirety of the hearing that is to be held in this Court on November 30, 1999. To that extent, the plaintiffs" motion must be dismissed.

[2]      On the other hand, the plaintiffs are in theory entitled to an in camera order in relation to submissions that might refer to some documents that are at issue. However, I think the actual, specific granting of such an order should be left to the assessment of the judge who will hear the matter on its merits. He will be in the best position to fully assess whether such an order is necessary and, if so, its extent. To that extent, the granting of such an order is deferred to the judge trying the case on its merits.

Richard Morneau

Prothonotary

Certified true translation

Bernard Olivier

FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:              T-1798-98

STYLE:              COOPÉRATIVE FÉDÉRÉE DU QUÉBEC

and its poultry division carrying on business

under the name of ALIMENTS FLAMINGO and

SOCIÉTÉ EN COMMANDITE OLYMEL

Plaintiffs

AND

AGRICULTURE AND AGRI-FOOD CANADA

and

BERNARD DRAINVILLE

Defendants

PLACE OF HEARING:              Montréal, Quebec

DATE OF HEARING:              October 26, 1999

REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:      October 29, 1999

APPEARANCES:

Paule Hamelin                  for the plaintiffs

Rosemarie Millar                  for the defendant, Agriculture and

                         Agri-Food Canada

Sylvie Gadoury                  for the defendant, Bernard Drainville

Judith Harvie             

SOLICITORS OF RECORD:

Desjardins Ducharme Stein Monast          for the plaintiffs

Paule Hamelin

Montréal, Quebec

Morris Rosenberg                  for the defendant, Agriculture and

Deputy Attorney General of Canada          Agri-Food Canada

Sylvie Gadoury                  for the defendant, Bernard Drainville