Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.


Previous   Table of contents   Next

APPENDIX 2 - Ongoing court cases

Case Next step Issue
Control of records in a minister's office Information Commissioner v. ND (Pugliese), T-210-05 Hearing in May 2008 Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a federal institution) and department (federal institution)
Control of records in the Prime Minister's Office Information Commissioner v. Prime Minister (Throness), T-1209-05 Hearing in May 2008 Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a federal institution) and department (federal institution) Exemptions: sections 19 and 21
Control of records in a minister's office Information Commissioner v. Transport Canada (Murray), T-1211-05 Hearing in May 2008 Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a federal institution) and department (federal institution) Exemptions: sections 17, 19 and 69
Prime Minister's agendas under the control of the RCMP Information Commissioner v. RCMP (McGregor), T-1210-05
Hearing in May 2008 Exemptions: sections 17, 19 and 69
Information Commissioner's powers to issue confidentiality orders during investigations Attorney General of Canada v. Information Commissioner of Canada, A-492-07, A-568-07
Date of hearing to be set Appeal of Attorney General of the decision in Attorney General of Canada v. Information Commissioner of Canada, 2007 FC 1024 Cross-appeal of the Office of the Information Commissioner on admissibility of portion of evidence For more information, see Chapter 5.
Privacy Commissioner's investigative powers under private sector legislation Privacy Commissioner of Canada v. Blood Tribe (Office of the Information Commissioner is an intervenor), SCC 31755
Judgment reserved at the February 21, 2008, hearing Under the Personal Information Protection and Electronic Documents Act the powers of the Commissioner to examine and assess documents asserted to be protected under the solicitor-client privilege during investigations
Complainant seeking remedies against the Commissioner Harvey Ernest Adams v. Attorney General of Canada, T-1621-07
Motion pending before the Court Challenge to the Commissioner's investigation

Challenge of the decision of the head of the federal institution
Complainant seeking remedies against the Commissioner Clint A. Kimery v. Minister of National Revenue, T-2070-07, T-2207-07 Applications were quashed (by orders on January 28, 2008, and February 29, 2008) Challenge to the findings of the Commissioner's investigations and of the Commissioner's conduct of the investigation

Challenge of the decisions of the head of the federal institution
Complainant seeking remedies against the Commissioner Clint A. Kimery v. Minister of National Revenue, T-238-08
Kimery must file his evidence Challenge to the findings of the Commissioner's investigations and of the Commissioner's conduct of the investigation
Complainant seeking remedies against the Commissioner Clint A. Kimery v. Information Commissioner of Canada, T-104-08, T-417-08
Kimery must file his evidence Challenge to the findings of the Commissioner's investigations and of the Commissioner's conduct of the investigation
The Information Commissioner improperly named as a respondent Pinaymootang First Nation v. Canada (Minister of Health) and the Information Commissioner of Canada, T-25-08
Commissioner to file motion to be removed as respondent Challenge of the decision of the head of the federal institution


Previous   Table of contents   Next