ACCESS TO INFORMATION |
Canada Post Corp. v. Canada (Minister of Public Works and Government Services)
T-1900-00
2004 FC 2, Lemieux J.
6/1/04
9 pp.
Parallel proceeding to T-2117-00 involving review of proposed disclosures pursuant to requests initiated under Access to Information Act (Act), s. 44 directed to Access to Information and Privacy Office in Department of Public Works and Government Services (Public Works)--Access to Information Coordinator's notice letter to Canada Post Corporation (CPC) mistakenly identified first request, but documents proposed for release attached thereto--Correct wording for request never disclosed to CPC--No s. 27 notice issued in respect of second request--Whether Access Coordinator failed to give CPC required third party notices of two requests under Act, s. 27--Manner Public Works handled two requests violated Act--CPC correct in submitting: (1) notice provided CPC by Public Works defective since text of request provided completely wrong; (2) statutory time limit for issuance of notice not respected; and (3) no notice provided to CPC for second request--Nevertheless, CPC's application for review under s. 44 dismissed without costs because CPC suffered no harm and allowing appeal would only cause filing of second requests with timely and full compliance--Breach by Public Works meaning CPC unable to comment documents proposed for release not falling within scope of requests, but CPC not seriously contending this was the case--Review under s. 44 review de novo--Result meeting objective of Act by balancing requestor's right to access to information with third party's right to protect sensitive information from disclosure by allowing third party option to establish that information protected under Act from disclosure--S. 44 review dismissed--Access to Information Act, R.S.C., 1985, c. A-1, ss. 27, 44.