PRACTICE

Affidavits

Appeal from Federal Court (F.C.) decision (2005 FC 280) granting respondent’s motion to file confidential affidavits in respect of applications brought by appellant pursuant to Access to Information Act, s. 41—Motions Judge deferred question of whether appellant should be allowed access to some, all of confidential affidavits to judge hearing merits of s. 41 application—Doing so deferred any order for disclosure to time when too late for appellant to make use of information disclosed—Motions Judge required to determine precautions necessary, extent of material filed confidentially—Appeal allowed—Access to Information Act, R.S.C., 1985, c. A‑1, s.  41.

Blank v. Canada (Minister of Justice) (A‑84‑05, 2005 FCA 405, Rothstein J.A., judgment dated 5/12/05, 10 pp.)