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C. Cases in Progress – Commissioner as Respondent

  1. Canada (Attorney General)
  2. v. Canada (Information Commissioner)

    T-531-06, Federal Court (See Annual Report 2005-2006, p. 68 for more details)

    On March 23, 2006, an application for judicial review was brought by the Attorney General of Canada against the Information Commissioner, under section 18.1 of the Federal Courts Act.  The application for review relates to the lawfulness of decisions issued by the Information Commissioner’s delegate, requiring counsel and various witnesses to keep confidential the questions asked, answers given, and exhibits used during the taking of evidence under oath of various witnesses who appeared under subpoena before the Information Commissioner’s delegate in a matter concerning the investigation of a complaint made pursuant to the Act against the head of Indian and Northern Affairs Canada.

    A hearing is set to be heard on April 26, 2007.  The outcome will be reported in next year’s annual report.


  3. Canada (Minister of Industry)
  4. v. Canada (Information Commissioner)

    A-107-06, Federal Court of Appeal

    The Minister of Industry appealed the Federal Court decision in the case Canada (Information Commissioner) v. Canada (Minister of Industry), 2006 FC 132, T-421-04, February 13, 2006, Kelen J. (See Annual Report 2005-2006, pp. 59-64 for more details) wherein the Federal Court ordered that the Chief Statistician disclose certain census records from 1921, 1931, and 1941 in eight specific districts that had been requested under the Act in November 2001, on behalf of three Aboriginal bands, for the exclusive purpose of researching or validating their Aboriginal claims.

    The appeal was heard by the Federal Court of Appeal on March 27, 2007. The decision is under advisement and will be reported in next year’s annual report.


  5. Canada (Minister of Environment)
  6. v. Canada (Information Commissioner)

A-502-06, Federal Court of Appeal

Appeal and cross-appeal of the Federal Court decision in Canada (Information Commissioner) v. Canada (Minister of Environment), 2006 FC 1235, T-555-05 (October 17, 2006), Kelen, J.

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