Date: 20121003
Docket: A-364-11
Citation: 2012 FCA 250
CORAM: NADON J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
MINISTER OF CANADIAN HERITAGE
Appellant
and
JIM BRONSKILL
Respondent
and
INFORMATION COMMISSIONER OF CANADA
Intervener
Heard at Ottawa, Ontario, on October 3, 2012.
Judgment delivered from the Bench at Ottawa, Ontario, on October 3, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20121003
Docket: A-364-11
Citation: 2012 FCA 250
CORAM: NADON J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
MINISTER OF CANADIAN HERITAGE
Appellant
and
JIM BRONSKILL
Respondent
and
INFORMATION COMMISSIONER OF CANADA
Intervener
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on October 3, 2012)
NADON J.A.
[1] In view of the concessions made by counsel for the appellant at the hearing, and in particular, that the historical significance of the documents at issue was a valid consideration in the exercise of the discretion to either disclose or not the sought-after documents, we see no basis to interfere with the judgment rendered by Noël J., other than in the following respects:
1. With regard to the first paragraph of the judgment, by striking the words “with specific guidance to consider these reasons, their spirit as well as the examples found in the Annex”.
2. With respect to the second paragraph of the judgment, we would add, after the word “control”, found in line 2 of the paragraph, the words “as described in the access to information request”.
[2] In light of these conclusions, it is not necessary for us to embark upon a review of the application judge’s reasons. Accordingly, we do not wish to be taken as to having endorsed him.
[3] For these reasons, the appeal will be allowed.
“M. Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-364-11
STYLE OF CAUSE: MINISTER OF CANADIAN HERITAGE V. JIM BRONSKILL
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: October 3, 2012
REASONS FOR JUDGMENT OF THE COURT BY: NADON, PELLETIER, TRUDEL JJ.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
Alain Préfontaine Hélène Robertson |
FOR THE APPELLANT
|
|
Paul Champ
Yannick Landry Allison Knight |
FOR THE RESPONDENT
FOR THE INTERVENER |
SOLICITORS OF RECORD:
|
Myles J. Kirvan Deputy Attorney General of Canada
|
FOR THE APPELLANT
|
|
Champ and Associates Ottawa, ON
Office of the Information Commissioner of Canada Ottawa, ON |
FOR THE RESPONDENT
FOR THE INTERVENER |