Docket: A-642-94
CORAM: DENAULT J.A. DESJARDINS J.A. DÉCARY J.A.
BETWEEN:
MICHEL GRIMARD
Appellant
AND
CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION
Respondent
Hearing held at Montréal on Monday, May 11, 1998
Judgment delivered at Montréal on Monday, May 11, 1998
REASONS FOR JUDGMENT OF THE COURT BY: DENAULT J.A.
Date: 19980512 Docket: A-642-94
CORAM: DENAULT J.A. DESJARDINS J.A. DÉCARY J.A.
BETWEEN:
MICHEL GRIMARD
Appellant
AND:
CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION
Respondent
REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montreal on Monday, May 11, 1998)
DENAULT J.A.
[1] The appellant has not satisfied us that it is necessary to intervene to reverse the decision of the Trial Judge, who refused to set aside the decision of the Canadian Human Rights Commission's Access to Information Coordinator not to permit the disclosure of the text of an agreement.
Page: 2
Although the appellant was not a party to this agreement, he asked that its contents be disclosed because the individual to whom it relates had consented thereto and because the public interest required disclosure.
[2] In order to allow the appeal in the instant case, the Court would have to agree that the individual to whom it relates, within the meaning of subsection 19(2) of the Access to Information Act, has properly expressed his consent. It is far from established that the letter in which the individual to whom it relates stated that he had no objection to the disclosure of the document should its disclosure be authorized by the Court, constituted such a consent.' The judge cannot be criticized for not accepting the appellant's submission on this point.
[3] As for the obligation to disclose the document at issue in the name of the public interest, the Trial Judge rejected it on the basis of section 48 of the Canadian Human Rights Act. The Court sees no ground here to intervene.
In this letter, counsel for the individual to whom it relates stated: "While Mr. [X] is prepared to abide by his agreement with [Y], if the Court orders disclosure of the settlement agreement, he has no personal objection to release of this information." (Appeal Book, at p. 189)
[4] The appeal will be dismissed without costs.
MONTRÉAL, QUEBEC May 12, 1998
Certified true translation
FEDERAL COURT OF APPEAL
Date: 19980512 Docket: A-642-94
Between:
MICHEL GRIMARD
Appellant
CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-642-94
STYLE OF CAUSE: MICHEL GRIMARD
AND
Appellant
CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 11, 1998
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MR. JUSTICE DENAULT, THE HONOURABLE MADAME JUSTICE DESJARDINS AND THE HONOURABLE MR. JUSTICE DÉCARY)
DELIVERED FROM THE BENCH BY: The Honourable Mr. Justice Denault
Dated: May 12, 1998
APPEARANCES:
Michel Grimard for the Appellant
Odette Lalumière for the Respondent
SOLICITORS OF RECORD:
Michel Grimard for the Appellant
George Thomson for the Respondent Deputy Attorney General of Canada
Ottawa, Ontario
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