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Appendix 2. Ongoing court cases

These are pending cases before the Federal Court that involve the Information Commissioner:

Case Next step Issue
Control of records in a minister’s office Information Commissioner v. Minister of National Defence, A-378-08 Hearing date to be set, followed by hearing

Appeal by the Information Commissioner of the decision in Information Commissioner v. Minister of National Defence, 2008 FC 766

Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a government institution) and department (government institution)

For more information, see p.32

Control of records in the Prime Minister’s OfficeInformation Commissioner v. Prime Minister, A-379-08 Cross-Appeal: Prime Minister v. Information Commissioner Hearing date to be set, followed by hearing

Appeal by the Information Commissioner / Cross Appeal by the Prime Minister of the decision in Information Commissioner v. Prime Minister, 2008 FC 766


Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a government institution) and department (government institution)

The cross-appeal involves the issue of whether the Prime Minister is an officer of a government institution.

For more information, see p.32

Control of records in a minister’s office Information Commissioner v. Minister of Transport, A-380-08 Hearing date to be set, followed by hearing Appeal by the Information Commissioner of the decision in Information Commissioner v. Minister of Transport, 2008 FC 766 Interpretation of “under the control of a government institution” and interplay between the concepts of minister (as head of a government institution) and department (government institution).
For more information, see p.32
Prime Minister’s agendas under the control of the RCMP Commissioner of the RCMP v. Information Commissioner, A-413-08 Hearing date to be set, followed by hearing Appeal by the Commissioner of the RCMP of the decision in Information Commissioner v. Commissioner of the RCMP, 2008 FC 766

Exemption: s.19

For more information, see p.32
Statham v. President of the Canadian Broadcasting and Information Commissioner, T-782-08 (The Information Commissioner is an intervener) Hearing on June 3, 2009

Application for judicial review under s.41 of the Access to Information Act against the CBC relating to numerous access requests.

Involves issues relating to the Court’s jurisdiction under s.41 and 49 of the Access to Information Act.

For more information, see p.38

Ontario (Ministry of Public Safety and Security) et al. v. Criminal Lawyers’ Association, SCC, S-32171 e Information Commissioner is an intervener) Judgment reserved at the December 11, 2008 hearing

Appeal by Ontario’s Ministry of Public Safety and Security of the decision in Criminal Lawyers’ Association v. Ontario (Ministry of Public Safety and Security), 2007 ONCA 392

Involves issue of whether an exemption provision in Ontario’s Freedom of Information and Privacy Act infringes the Canadian Charter of Rights and Freedoms (s.2(b) - freedom of expression) as it does not extend a public interest override.

For more information, see p.44




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