Court Cases

We will keep you informed of the court cases we are involved in.

One of the fundamental principles embedded in the Access to Information Act is that decisions on disclosure should be reviewed independently of government. A first level of review is done by us through our investigation process. A second level of review is available before the Federal Court for refusals.

We bring forward and intervene in court cases to defend or clarify important principles that underlie the fundamental right of access to government information, while contributing to the development of jurisprudence that favours disclosure.

Court proceedings under the Act may be commenced in a number of instances:

  • When we conclude that a complaint is well founded and the institution does not act upon our formal recommendation to disclose records, we may, with the complainant’s consent, seek judicial review by the Federal Court of the institution’s refusal.
  • When the complainant, upon receiving our investigation report, is not satisfied with the Commissioner’s findings, the complainant may seek a judicial review of the institution’s refusal.
  • The Act also provides a mechanism by which a third party may apply for judicial review of an institution’s decision to disclose information that the third party believes should be withheld.

We may also be involved in other types of proceedings:

  • We may seek leave to intervene in proceedings that relate to access to information.
  • We may be called upon to defend the Commissioner’s jurisdiction or powers.

This section includes summaries of cases that have been published in our annual reports as well as links to ongoing cases.

Summaries of recent court cases are included in the Top Stories page.

 

Court Cases

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Ongoing Court Cases

Court Case File Number Court Annual Report ATIA Section Court Decision
Information Commissioner of Canada v. Toronto Port Authority T-1453-14 Federal Court N/A 4(2.1), 18, 20 N/A
Defence Construction Canada v. UCANU A-414-15 Federal Court of Appeal N/A 24 N/A
Information Commissioner of Canada v. The Prime Minister of Canada T-1535-15 Federal Court N/A 19, 21 and 23 N/A
Information Commissioner of Canada v. Minister of Public Safety and Emergency Preparedness T-785-15 Federal Court 2014-2015 N/A N/A
Information Commissioner of Canada and Bill Clennett v. Attorney General of Canada OSCJ-15-64739 Ontario Superior Court 2014-2015 N/A

Section 2(b) of the Charter of Rights and Freedoms
N/A
Information Commissioner of Canada v. Minister of Transport Canada T-911-14
T-912-14
Federal Court 2013-2014
2014-2015
15 N/A
Suncor Energy Inc. v. Canada-Newfoundland and Labrador Offshore Petroleum Board and al. A-84-16 Federal Court of Appeal 2014-2015 19, 20 and 24 N/A
Calian Ltd v. Attorney General of Canada A-20-16
A-31-16
Federal Court of Appeal 2014-2015 20 N/A
Husky Oil Operations Limited v. Canada-Newfoundland and Labrador Offshore Petroleum Board and al. A-75-16 Federal Court of Appeal 2014-2015 19 N/A
Porter Airlines Inc. v. Attorney General of Canada and Information Commissioner of Canada T-1491-15 Federal Court N/A 20 N/A
Brewster Inc. v. The Minister of the Environment as the Minister for Parks Canada and the Attorney General of Canada and the Information Commissioner of Canada T-5-15 Federal Court 2014-2015 19-20 Court decision
The Information and Privacy Commissioner of Alberta v. The Board of Governor of the University of Calgary S-36460 Supreme Court of Canada N/A s. 7 of the Freedom of Information and Protection of Privacy Act (Alberta) (s. 23) N/A
Apotex v. Minister of Health and Attorney General T-1511-15,
T-1782-15 and
T-1783-15
Federal Court N/A 20 N/A
Porter Airlines Inc. v. Attorney General of Canada T-1296-15 Federal Court N/A 20 N/A
Suncor Energy Inc. v. Canada-Newfoundland Offshore Petroleum Board and Information Commissioner T-1359-14 Federal Court N/A 19(1), 20(1)(b) and 20(1)(d) Court decision