Canada (Canadian Heritage) v. Bronskill

Canada (Canadian Heritage) v. Bronskill Court (s) Database Federal Court of Appeal Decisions Date 2012-10-03 Neutral citation 2012 FCA 250 File numbers A-364-11 Decision Content 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