Canada Post Corp. v. Canada (Minister of Public Works and Government Services)

Canada Post Corp. v. Canada (Minister of Public Works and Government Services) Court (s) Database Federal Court of Appeal Decisions Date 2004-09-07 Neutral citation 2004 FCA 286 File numbers A-58-04 Notes Digest Decision Content Date: 20040907 Docket: A-58-04 Citation: 2004 FCA 286 CORAM: DÉCARY J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: CANADA POST CORPORATION Appellant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent Heard at Ottawa, Ontario, on September 7, 2004. Judgment delivered from the Bench at Ottawa, Ontario, on September 7, 2004. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20040907 Docket: A-58-04 Citation: 2004 FCA 286 CORAM: DÉCARY J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: CANADA POST CORPORATION Appellant and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 7, 2004) DÉCARY J.A. [1] We are of the view that this appeal from a decision of the Federal Court should be dismissed. [2] The only issue before us is whether the records at issue were "under the control" ("relevant de", in the French text) of Public Works and Government Services Canada (the Department) within the meaning of subsection 4(1) of the Access to Information Act (the Act) at the time of the request. They clearly were, as they were under the control (as defined in Canada Post Corp. v. Canada (Minister of Public Works), [1995] 2 F.C. 110 (C.A.), aff'g [1993] 3 F.C. 320) of the Corporate Implementation Group (CIG), a departmental branch of the Department of Public Works and Government Services Canada which is responsible for supporting the Deputy Minister of the Department in his role as principal policy advisor to the Minister and which assists the Minister with the management of his Crown Corporation Portfolio. [3] The relationship of CIG to the Minister responsible for Canada Post Corporation, who happens to have been at the relevant time the Minister of Public Works and Government Services Canada, is irrelevant for the determination of the issue of whether the records were under the control of a government institution and thus subject to the Act. That the records were provided to CIG to allow it to perform its duty in relation to assisting the Minister in the administration of Crown Corporations does not diminish, or alter, the fact that CIG is part of the Department. We are not dealing here with records which are under the control of the Minister himself or his exempt staff, which records counsel for the respondent concedes are not under the control of a government institution for purposes of the Act. [4] Canada Post Corporation, which admittedly is not subject to the provisions of the Act, is in no different position in relation to information it provides to government institutions that are subject to the Act than is any other third party: it is entitled to receive a third party notice under section 27 of the Act and show that exemptions under the Act apply in order to prevent the release of the information in the records. [5] The appeal will be dismissed with costs. "Robert Décary" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-58-04 APPEAL FROM AN ORDER OF THE FEDERAL COURT OF CANADA DATED JANUARY 6, 2004, NO. T-1900-00 STYLE OF CAUSE: Canada Post Corporation v. The Minister of Public Works and Government Services Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 7, 2004 REASONS FOR JUDGMENT OF THE COURT: Décary, Sexton, Pelletier JJA DELIVERED FROM THE BENCH BY: Décary J.A. APPEARANCES: Mr. Ronald D. Lunau Ms. Phuong T. V. Ngo FOR THE APPELLANT Mr. Christopher Rupar FOR THE RESPONDENT SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE APPELLANT Mr. Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT