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Appendix 1: Ongoing court cases

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

Case

Next step

Issue

Amir Attaran v. Minister of National Defence and Information Commissioner of Canada, T 1679 09 The Commissioner is an intervener in this case.

Judgment reserved at hearing on March 10, 2011.

Whether the Minister of National Defence may add exemptions that the department had not previously claimed.

Application of the exemptions under sections 15 and 19 of the Access to Information Act (ATIA)

Bronskill v. Minister of Canadian Heritage and Information Commissioner of Canada, T-1680-09 The Commissioner is an intervener in this case.

Hearing in progress.

Application of the exemptions under sections 15 and 19 of the ATIA

Canadian Broadcasting Corporation v. Information Commissioner of Canada, A 391-10

The CBC must file a requisition for hearing in April 2011.

Appeal filed by the Canadian Broadcasting Corporation against the decision of the Federal Court in Canadian Broadcasting Corporation v. Information Commissioner of Canada, 2010 FC 954

Whether the Information Commissioner may compel the CBC to produce records that the CBC claims is excluded under section 68.1 of the ATIA.

Louis Dufour v. Attorney General of Canada and Information Commissioner of Canada, T-1298-10

Mr. Dufour is asking that the case be stayed.

Whether the Attorney General may claim the exemption under section 23 of the ATIA.

Hibernia Management and Development Company Ltd. v. Canada-Newfoundland and Labrador Offshore Petroleum Board and Information Commissioner of Canada, T 1384-10

The Office is required to file its record by April 20, 2011, at the latest.

Application of the exemptions under sections 19, 20 and 24 of the ATIA

Information Commissioner of Canada v. Minister of Public Safety, T-146-11

The Commissioner is required to serve her affidavits in April 2011.

Whether the Minister of Public Safety may claim the exemptions under sections 21 and 23 of the ATIA.

Information Commissioner of Canada v. Minister of Justice, T-147-11

The Commissioner is required to serve her affidavits in April 2011.

Whether the Minister of Justice may claim the exemptions under sections 21 and 23.

Information Commissioner of Canada v. President and Chief Executive of Canada Post Corporation, T-382-11

The Commissioner is required to serve her affidavits in April 2011.

Whether the President of Canada Post Corporation may claim the exemptions under sections 18 and 18.1 of the ATIA.

William Fenwick West v. The Queen, docket No. 264962, Nova Scotia Court of Appeal

The Commissioner and the ad hoc Commissioner are required to file their written submissions in May 2011.

Whether a provincial court of appeal may order the disclosure of information withheld under section 16.1 of the ATIA.


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