ACCESS TO INFORMATION |
Canada Post Corp. v. Canada (Minister of Public Works)
T-2117-00
2004 FC 1, Lemieux J.
6/1/04
27 pp.
Access to Information Act (Act), s. 44 review application by Canada Post Corporation (CPC)--Whether document proposed for release but with severances (partial exemption) based on Act, s. 20(1)(b), in control of Public Works and Government Services Canada (PWGSC) government institution listed under Schedule I of Act or whether such document in control of office (Office of Minister responsible for Canada Post Corporation) said by CPC to be government institution not listed under Schedule I of Act and therefore not subject to access by requestor--At time request made, Minister of PWGSC also Minister responsible for CPC-- Sub-issue whether Corporate Implementation Group (CIG), then branch in PWGSC, part of Office of Minister responsible for CPC--Whether, taken together, Minister responsible for CPC coupled with CIG make up office coming within definition of "government institution" for purposes of Act-- After considering evidence, CPC failed to establish existence of Office of Minister responsible for CPC--First, CPC could not point to any legislation or regulation creating or establishing such office--All institutions listed in Schedule I created by either legislation or regulation--Second, in context of Public Service of Canada, fundamental principle Ministers need to be supported by responsible officials in carrying out statutory functions and duties--Appointments of officials, personnel in CIG approved in PWGSC by Treasury Board whose staff relations within departmental structure of PWGSC --Office of Minister responsible for Canada Post could only exist as government institution for purposes of Act if applicable infrastructure of position authorization and appointment in those positions complied with--Third, Act needs machinery to operate--Access to Information and Privacy office at PWGSC identified CIG as appropriate branch within PWGSC holding requested document--CPC's argument ignoring existing institutional structure for processing access requests--Fourth, CPC's argument misconstruing Minister of PWGSC's duties as portfolio manager of six Crown Corporations and how portfolio management interacts with Act--Ministers' relationship with those agencies vary from one to another--Fifth, CPC's argument inappropriately attempts to bifurcate Minister's functions as head of department and portfolio management for Agencies and Crown Corporations--Office of Minister for CPC not government institution--Control normally means possession--CPC failed to establish necessity for Access Coordinator to issue reasons for decision to disclose--CPC's application for review dismissed--Access to Information Act, R.S.C., 1985, c. A-1, ss. 20(1)(b), 44.