Exeter v. Canada (Attorney General)
- Citation
- 2013 FC 779
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 11 July 2013
- Posture
- Motion for Production of Documents Under Federal Courts Rules (rule 317) Arising From CHRC Complaints / Motion Decided Dismissed
- Language
- English
More details
- Court
- Federal Court
- Decision
- 11 July 2013
- Posture
- Motion for Production of Documents Under Federal Courts Rules (rule 317) Arising From CHRC Complaints / Motion Decided Dismissed
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The motion is dismissed because the respondent's submissions were not before the decision-maker and therefore are not subject to disclosure under Rule 317; the applicant's request constituted a fishing expedition.
Court disposition
Motion dismissed with costs to the Attorney General of Canada fixed at $300 payable forthwith.
Orders
- The motion is dismissed with costs to the Attorney General of Canada fixed at $300.00 payable forthwith.
02
Material facts
Parties
Rachel Exeter
Applicant Counsel: Rachel Exeter (self-represented)Attorney General of Canada (Deputy Head, Statistics Canada)
Respondent Counsel: Paul Battin; William F. PentneyAmounts and remedies
- Costs Awarded: CAD 300
03
Procedural history
Posture
Motion for Production of Documents Under Federal Courts Rules (rule 317) Arising From CHRC Complaints / Motion Decided Dismissed
04
Questions and positions
Legal issues
- 01
Whether the respondent's submissions to the Canadian Human Rights Commission are disclosable under Rule 317
- 02
Whether documents not actually before the decision-maker must be disclosed
- 03
Whether the applicant's request amounts to a prohibited fishing expedition
Party arguments
- Applicant
- The applicant sought production of the Canadian Human Rights Commission file and specifically the respondent's 47-page submissions to the Commission, asserting relevance to her CHRA complaints.
- Respondent
- The respondent and the Commission argued the submissions were not before the decision-maker, disclosure under Rule 317 is limited to documents actually before the decision-maker, the applicant's request was a fishing expedition, and relied on precedent.
05
Court’s reasoning
Legal principles
- 01
Deer Lake Regional Airport Authority Inc. v. Attorney General of Canada, 2008 FC 1281 at para 29
Disclosure under Federal Courts Rule 317 is limited to documents actually before the decision-maker
- 02
The Access Information Agency Inc. v. Attorney General of Canada, 2007 FCA 224 at para 17
Requests that amount to a fishing expedition are contrary to Rule 317's purpose and may be denied
- 03
Section 40/41 Report referenced in the reasons
Section 40/41 investigative reports are relevant only insofar as they were before the Commission and disclosed to the applicant
06
Ratio, limits and disposition
Ratio decidendi
The motion is dismissed because the respondent's submissions were not before the decision-maker and therefore are not subject to disclosure under Rule 317; the applicant's request constituted a fishing expedition.
Obiter and limits
- The Section 40/41 Report, which informed the Commission's decision, was disclosed to the applicant.
- The applicant's amended Reply was accepted for filing.
Court disposition
Motion dismissed with costs to the Attorney General of Canada fixed at $300 payable forthwith.
- The motion is dismissed with costs to the Attorney General of Canada fixed at $300.00 payable forthwith.
Source and reliance status
Federal Court · 11 July 2013
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 11 July 2013
Exeter v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2013-07-11 Neutral citation 2013 FC 779 File numbers T-482-13 Decision Content Date: 20130711 Docket: T-482-13 Citation: 2013 FC 779 Ottawa, Ontario, July 11, 2013 PRESENT: The Honourable Mr. Justice Annis BETWEEN:
RACHEL EXETER Applicant and
ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) Respondent
REASONS FOR ORDER AND ORDER [1] The Applicant brings this motion for the production of the file of the Canadian Human Rights Commission concerning certain complaints filed by her. She is particularly interested in the disclosure of the Respondent’s submissions including a 47 page document provided to the Commission by her former employer during the Commission’s analysis of her complaint under section 41 of the Canadian Human Rights Act. [2] The Respondent’s position was summarized in the Section 40/41 Report which was used in the decision making of the Commission. The Respondent’s submissions were not before the decision-maker. [3] I agree with the submissions of the Commission as supported by those of the Attorney General that the Applicant is engaged in a “fishing expedition” contrary to the purpose of Rule 317 of the Federal Courts Rules, SOR/2004-283 s. 2; see The Access Information Agency Inc. v. Attorney General of Canada, 2007 FCA 224 at paragraph 17. [4] The general rule is that only those documents which were actually before the decision-maker are to be the subject of the Rule 317 disclosure; see Deer Lake Regional Airport Authority Inc. v. Attorney General of Canada, 2008 FC1 1281 at paragraph 29. [5] There is no indication as to what relevance the respondent’s submissions would have in light of the investigative report being before the Commission, which has been disclosed to the Applicant. [6] This decision includes consideration of the Applicant’s amended Reply which has been accepted for filing. [7] Accordingly, the motion is dismissed with costs to the AGC fixed at $300 payable forthwith.
ORDER THIS COURT ORDERS that the motion is dismissed with costs to the Attorney General of Canada fixed at $300.00 payable forthwith. “Peter Annis” Judge
FEDERAL COURT
SOLICITORS OF RECORD DOCKET: T-482-13 STYLE OF CAUSE: RACHEL EXETER v. ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES
REASONS FOR ORDER AND ORDER: ANNIS J. DATED: July 11, 2013 WRITTEN REPRESENTATIONS BY: Rachel Exeter
FOR THE APPLICANT ON HER OWN BEHALF Paul Battin
FOR THE RESPONDENT SOLICITORS OF RECORD:
FOR THE APPLICANT ON HER OWN BEHALF William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario
FOR THE RESPONDENT
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