Canada (Public Safety and Emergency Preparedness) v. Ahmadzadegan, 2007 FCA 92

Date: 20070305

Docket: A-249-06

Citation: 2007 FCA 92

CORAM:       DÉCARY J.A.

                        NOËL J.A.

                        SEXTON J.A.

BETWEEN:

MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Appellant

and

SHAHROKH AHMADZADEGAN

Respondent

Heard at Vancouver, British Columbia, on March 5, 2007.

Judgment delivered at Vancouver, British Columbia, on March 5, 2007.

REASONS FOR JUDGMENT BY:                                                                              SEXTON J.A.

CONCURRED IN BY:                                                                                                DÉCARY J.A.

                                                                                                                                    NOËL J.A.

Date: 20070305

Docket: A-249-06

Citation: 2007 FCA 92

CORAM:       DÉCARY J.A.

                        NOËL J.A.

                        SEXTON J.A.

BETWEEN:

MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Appellant

and

SHAHROKH AHMADZADEGAN

Respondent

REASONS FOR JUDGMENT

(Delivered from the Bench at Vancouver, British Columbia, on March 5, 2007)

SEXTON J.A.

[1]               Counsel for the Appellant, in answering questions from the Court as to why the appeal was not moot in light of the fact that the Respondent has had possession of the letter in question for ten years and made it public, was unable to provide any reason why this Court should reverse the decision of the Motions Judge other than that the letter should not be disclosed because it would reveal confidential sources. The fact is the confidential sources have already been revealed. Counsel further made it clear in response to a direct question by the Court that the Appellant was not concerned about the integrity of the investigatory process, which the Privacy Act, R.S.C. 1981, c. P-21, seeks to protect, if the respondent were permitted to apply to have parts of the letter corrected.

[2]               In light of the position taken by counsel for the Appellant, we are of the view that this appeal should be dismissed as being moot.

“J. Edgar Sexton”

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                                              A-249-06

STYLE OF CAUSE:                                                              MINISTER OF PSEPC v.

                                                                                                SHAHROKH AHMADZADEGAN

PLACE OF HEARING:                                                        Vancouver, British Columbia

DATE OF HEARING:                                                          March 5, 2007

REASONS FOR JUDGMENT BY:                                     Sexton J.A.

CONCURRED IN BY:                                                         Décary J.A.

                                                                                                Noël J.A.

DELIVERED FROM THE BENCH:                                  Sexton J.A.

APPEARANCES:

Helen Park                                                                               FOR THE APPELLANT

Rod Holloway                                                                          FOR THE RESPONDENT

SOLICITORS OF RECORD: