Gregory v. Canada (Public Safety and Emergency Preparedness)

Gregory v. Canada (Public Safety and Emergency Preparedness)

The Court converted the application to a s.41 Privacy Act proceeding, held that the three prerequisites for s.41 judicial review were satisfied (deemed refusal, complaint to the Privacy Commissioner, and receipt of the Commissioner’s report), and ruled that the RCMP’s exemption claim made after the deemed refusal and after the Commissioner’s report was untimely and did not deprive the Court of jurisdiction; the application was not struck and the respondent was granted an extension to file affidavits to July 15, 2020.

Citation
2020 FC 667
Parties
Applicant (responding Party): Jamie J. Gregory; Respondent (moving Party): Minister of Public Safety and Emergency Preparedness
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 June 2020
Procedural Posture
Judicial Review (privacy Act, S.41) / Interlocutory Motion to Strike/convert and Request for Extension of Time; Order Issued
Outcome
Motion to strike dismissed; Application converted to a s.41 Privacy Act proceeding; Application not struck and will proceed; Respondent granted extension to file affidavits to July 15, 2020; no costs awarded.
Legal Topics
Deemed Refusal, Timeliness, Jurisdiction to Judicially Review, Statutory Exemptions, Conversion of Proceedings
Source Language
English
Administrative Law Privacy Law Access to Information Law Deemed Refusal Timeliness Jurisdiction to Judicially Review Statutory Exemptions Conversion of Proceedings

Case Brief

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Parties

Jamie J. Gregory

Applicant (responding Party)

Minister of Public Safety and Emergency Preparedness

Respondent (moving Party)

Procedural Posture

Judicial Review (privacy Act, S.41) / Interlocutory Motion to Strike/convert and Request for Extension of Time; Order Issued

Legal Issues

  1. 1 Whether application brought under Federal Courts Act should be converted to a section 41 Privacy Act proceeding
  2. 2 Whether the application is bereft of any chance of success and should be struck
  3. 3 Whether the prerequisites for s.41 judicial review were met (refusal, complaint to Commissioner, Commissioner's report)

Ratio Decidendi

The Court converted the application to a s.41 Privacy Act proceeding, held that the three prerequisites for s.41 judicial review were satisfied (deemed refusal, complaint to the Privacy Commissioner, and receipt of the Commissioner’s report), and ruled that the RCMP’s exemption claim made after the deemed refusal and after the Commissioner’s report was untimely and did not deprive the Court of jurisdiction; the application was not struck and the respondent was granted an extension to file affidavits to July 15, 2020.

Court Disposition

Motion to strike dismissed; Application converted to a s.41 Privacy Act proceeding; Application not struck and will proceed; Respondent granted extension to file affidavits to July 15, 2020; no costs awarded.

Orders

  • Respondent’s Notice of Motion to strike the Notice of Application is dismissed
  • The Application is converted from one under ss.18 and 18.1 of the Federal Courts Act to one under s.41 of the Privacy Act