Canada (Public Safety and Emergency Preparedness) v. Ahmadzadegan
The appeal was dismissed as moot because the confidential sources at issue had already been revealed by the respondent's public possession of the letter and the Appellant could not identify any remaining harm or interest in preventing disclosure, having disavowed concern about investigatory integrity if corrections...
Source-derived case information.
- Citation
- 2007 FCA 92
- Parties
- Appellant: Minister of Public Safety and Emergency Preparedness; Respondent: Shahrokh Ahmadzadegan
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 March 2007
- Procedural Posture
- Appeal / Dismissed as Moot
- Outcome
- Appeal dismissed as moot
- Legal Topics
- Mootness, Disclosure of Government Records, Correction of Personal Information, Public Interest, Integrity of Investigatory Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Public Safety and Emergency Preparedness
Appellant
Shahrokh Ahmadzadegan
Respondent
Procedural Posture
Appeal / Dismissed as Moot
Legal Issues
- 1 Whether the appeal was moot because the letter at issue had been in the respondent's possession for ten years and made public
- 2 Whether disclosure should be prevented on the basis that it would reveal confidential sources
- 3 Whether the integrity of the investigatory process would be compromised if parts of the letter were corrected by the respondent
Ratio Decidendi
The appeal was dismissed as moot because the confidential sources at issue had already been revealed by the respondent's public possession of the letter and the Appellant could not identify any remaining harm or interest in preventing disclosure, having disavowed concern about investigatory integrity if corrections were sought.
Court Disposition
Appeal dismissed as moot
Orders
- Appeal dismissed as moot
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Public Safety and Emergency Preparedness) v. Ahmadzadegan Court (s) Database Federal Court of Appeal Decisions Date 2007-03-05 Neutral citation 2007 FCA 92 File numbers A-249-06 Decision Content Date: 20070305 Docket: A-249-06 Citation: 2007 FCA 92 CORAM: DÉCARY J.A. NOËL J.A. SEXTON J.A. BETWEEN: MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Appellant and SHAHROKH AHMADZADEGAN Respondent Heard at Vancouver, British Columbia, on March 5, 2007. Judgment delivered at Vancouver, British Columbia, on March 5, 2007. REASONS FOR JUDGMENT BY: SEXTON J.A. CONCURRED IN BY: DÉCARY J.A. NOËL J.A. Date: 20070305 Docket: A-249-06 Citation: 2007 FCA 92 CORAM: DÉCARY J.A. NOËL J.A. SEXTON J.A. BETWEEN: MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Appellant and SHAHROKH AHMADZADEGAN Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Vancouver, British Columbia, on March 5, 2007) SEXTON J.A. [1] Counsel for the Appellant, in answering questions from the Court as to why the appeal was not moot in light of the fact that the Respondent has had possession of the letter in question for ten years and made it public, was unable to provide any reason why this Court should reverse the decision of the Motions Judge other than that the letter should not be disclosed because it would reveal confidential sources. The fact is the confidential sources have already been revealed. Counsel further made it clear in response to a direct question by the Court that the Appellant was not concerned about the integrity of the investigatory process, which the Privacy Act, R.S.C. 1981, c. P-21, seeks to protect, if the respondent were permitted to apply to have parts of the letter corrected. [2] In light of the position taken by counsel for the Appellant, we are of the view that this appeal should be dismissed as being moot. “J. Edgar Sexton” J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-249-06 STYLE OF CAUSE: MINISTER OF PSEPC v. SHAHROKH AHMADZADEGAN PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: March 5, 2007 REASONS FOR JUDGMENT BY: Sexton J.A. CONCURRED IN BY: Décary J.A. Noël J.A. DELIVERED FROM THE BENCH: Sexton J.A. APPEARANCES: Helen Park FOR THE APPELLANT Rod Holloway FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT Legal Services Society Vancouver, B.C. FOR THE RESPONDENT