Canada Post Corp. v. Canada (Minister of Public Works and Government Services)
The appeal is dismissed because the motions judge correctly found that the evidence did not establish that the information was treated consistently as confidential under s.20(1)(b) and that the confidentiality test under s.20(1)(c) was not met; no palpable and overriding error was shown.
Source-derived case information.
- Citation
- 2004 FCA 395
- Parties
- Appellant: Canada Post Corporation; Respondent: Minister of Public Works and Government Services Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 November 2004
- Procedural Posture
- Access to Information Act Appeal / Federal Court of Appeal Judgment on Appeal From Federal Court
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Confidentiality Exemptions, Paragraphs 20(1)(b) and 20(1)(c), Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canada Post Corporation
Appellant
Minister of Public Works and Government Services Canada
Respondent
Procedural Posture
Access to Information Act Appeal / Federal Court of Appeal Judgment on Appeal From Federal Court
Legal Issues
- 1 Whether information met the confidentiality requirement in s.20(1)(b) by being treated consistently as confidential
- 2 Whether information met the confidentiality test in s.20(1)(c) (risk of harm from disclosure)
- 3 Whether the motions judge committed a palpable and overriding error in applying the legal tests
Ratio Decidendi
The appeal is dismissed because the motions judge correctly found that the evidence did not establish that the information was treated consistently as confidential under s.20(1)(b) and that the confidentiality test under s.20(1)(c) was not met; no palpable and overriding error was shown.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada Post Corp. v. Canada (Minister of Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2004-11-24 Neutral citation 2004 FCA 395 File numbers A-126-04 Decision Content Date: 20041124 Docket: A-126-04 Citation: 2004 FCA 395 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. NOËL J.A. BETWEEN: CANADA POST CORPORATION Appellant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent Heard at Ottawa, Ontario, on November 24, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on November 24, 2004. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20041124 Docket: A-126-04 Citation: 2004 FCA 395 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. NOËL J.A. BETWEEN: CANADA POST CORPORATION Appellant and MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 24, 2004) NOËL J.A. [1] This is an appeal under the Access to Information Act, R.S.C. 1985, c. A-1, involving the application of paragraphs 20(1)(b) and (c). [2] With respect to paragraph 20(1)(b), we conclude that the evidence before the motions Judge allowed her to conclude that the relevant information had not been treated consistently in a confidential manner by Canada Post Corporation. [3] We are also of the view that the motions Judge made no palpable and overriding error in not finding that keeping the information confidential would foster for the public benefit the relationship between Canada Post Corporation and the Government. [4] With respect to paragraph 20(1)(c), we are of the view that the reasons of the motions Judge when read as whole, show that she applied the proper test despite her use of the word "would" rather than "could". [5] Furthermore, upon consideration of the confidential evidence, we are satisfied that the test for confidentiality under paragraph 20(1)(c) has not been met. [6] The appeal will be dismissed with costs. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-126-04 APPEAL FROM A JUDGEMENT OR ORDER OF THE FEDERAL COURT DATED FEBRUARY 24, 2004, DOCKET NO. T-1265-02 STYLE OF CAUSE: CANADA POST CORPORATION v. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 24, 2004 REASONS FOR JUDGMENT OF THE COURT (L ourneau, Rothstein, No JJ.A.) DELIVERED FOR THE BENCH BY: No J.A. APPEARANCES: Mr. Richard G. Deardon Ms. Joanna Kouris FOR THE APPELLANT Ms. Marie Crowley FOR THE RESPONDENT SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE APPELLANT Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT