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Appendix 2. Ongoing court cases 

These are pending cases before the courts that involve the Information Commissioner.

Case Next step Issue
Control of records in a minister’s office Information Commissioner v. Minister of National Defence, SCC-33300 Tentative hearing date: October 7, 2010

Appeal by the Information Commissioner of the decision of the Federal Court of Appeal in Information Commissioner v. Minister of National Defence, 2009 FCA 175

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 “Control of records”.

Control of records in the Prime Minister’s Office Information Commissioner v. Prime Minister, SCC-33299 Tentative hearing date: October 7, 2010

Appeal by the Information Commissioner of the decisions of the Federal Court of Appeal in Information Commissioner v. Prime Minister, 2009 FCA 175 and 2009 FCA 181

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) Also, involves the issue of whether the Prime Minister is an officer of a government institution. For more information, see “Control of records”.

Control of records in a minister’s office Information Commissioner v. Minister of Transport, SCC-33296 Tentative hearing date: October 7, 2010

Appeal by the Information Commissioner of the decision of the Federal Court of Appeal in Information Commissioner v. Minister of Transport, 2009 FCA 175  

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 “Control of records”.

Prime Minister’s agendas under the control of the RCMP Information Commissioner v Commissioner of the RCMP, SCC-33297 Tentative hearing date: October 7, 2010

Appeal by the Information Commissioner of the decision of the Federal Court of Appeal in Commissioner of the RCMP v. Information Commissioner, 2009 FCA 181

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

For more information, see “Control of records”.

Ontario (Ministry of Public Safety and Security) et al. v. Criminal Lawyers’ Association, SCC, SCC-32172 (The 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 “Freedom of expression”.

David J. Statham v. Canadian Broadcasting Corporation and the Information Commissioner of Canada, A-458-09 Hearing date to be set

Appeal of Justice De Montigny’s decision in T-782-08

Involves issues relating to the Court’s jurisdiction under s.41 and 49 of the Access to Information Act. For more information, see “Large volume of requests”.

Blank v. The Information Commissioner of Canada, T-1842-09 Hearing on May 12, 2010 Whether the Court should issue an order in the nature of mandamus, requiring the Information Commissioner to issue a report of findings, pursuant to s.37(2) of the ATIA.  
Amir Attaran v. The Minister of National Defence, T-1679-09 (The Information Commissioner is an intervener.) Hearing date to be set

Can the Minister of National Defence raise additional exemptions not initially claimed by the department?  

Involves exemptions in s.15, 16, 17 and 19  

Is the requester’s right to freedom of expression enshrined in s.2(b) of the Charter violated by the Minister’s access refusal?

New Dawn Enterprises Ltd. v. The Attorney General of Canada and the Information Commissioner of Canada, T-1595-09 (The Information Commissioner is a respondent.) Notice of status review

Can the Minister of National Defence disclose records that New Dawn Enterprises Ltd. claims must be withheld under s.20(1) of the ATIA?  

Can the Minister of National Defence disclose records that are subject to s.20(1), if the Minister determines that the information ought to be disclosed under s. 20(2) and/or 20(6) of the ATIA?  

Canadian Broadcasting Corporation v. The Information Commissioner of Canada, T-1552-09 Hearing date to be set   Can the Information Commissioner compel the production of records that CBC claims to be excluded under s.68.1?