BETWEEN:
AND EMERGENCY PREPAREDNESS
and
Heard at Vancouver, British Columbia, on March 5, 2007.
Judgment delivered at Vancouver, British Columbia, on March 5, 2007.
REASONS FOR JUDGMENT BY: SEXTON J.A.
CONCURRED IN BY: DÉCARY J.A.
NOËL J.A.
Docket: A-249-06
Citation: 2007 FCA 92
CORAM: DÉCARY J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Appellant
and
SHAHROKH AHMADZADEGAN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, British Columbia, on March 5, 2007)
[1] Counsel for the Appellant, in answering questions from the Court as to why the appeal was not moot in light of the fact that the Respondent has had possession of the letter in question for ten years and made it public, was unable to provide any reason why this Court should reverse the decision of the Motions Judge other than that the letter should not be disclosed because it would reveal confidential sources. The fact is the confidential sources have already been revealed. Counsel further made it clear in response to a direct question by the Court that the Appellant was not concerned about the integrity of the investigatory process, which the Privacy Act, R.S.C. 1981, c. P-21, seeks to protect, if the respondent were permitted to apply to have parts of the letter corrected.
[2] In light of the position taken by counsel for the Appellant, we are of the view that this appeal should be dismissed as being moot.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-249-06
STYLE OF CAUSE: MINISTER OF PSEPC v.
SHAHROKH AHMADZADEGAN
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: March 5, 2007
REASONS FOR JUDGMENT BY: Sexton J.A.
CONCURRED IN BY: Décary J.A.
Noël J.A.
DELIVERED FROM THE BENCH: Sexton J.A.
APPEARANCES:
Helen Park FOR THE APPELLANT
Rod Holloway FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C. Deputy Attorney General of Canada |
FOR THE APPELLANT |
Legal Services Society Vancouver, B.C. |
|