ACCESS TO INFORMATION |
Canada (Attorney General) v. Bellemare
A-598-99
Noël J.A.
30/11/00
9 pp.
Appeal from interlocutory decision allowing in part motion to strike respondent's application for judicial review made pursuant to Access to Information Act, s. 41--Applicant filing complaints with Information Commissioner concerning failure to disclose information--Application for judicial review sought review of Information Commissioner's decisions dismissing complaints--S. 41 permitting person refused access to record requested, if complaint made to Information Commissioner in respect of refusal, to apply for judicial review of matter within 45 days after time results of investigation of complaint reported to complainant--Motions Judge granting motion to strike only in so far as related to first decision on ground outside 45-day time limit--Appeal allowed; application for judicial review struck in entirety--Application directed against Information Commissioner's decisions refusing to give effect to complaint against government institutions concerned--Act making it clear government institution refusing to disclose information requested, not Information Commissioner, called upon to justify refusal--S. 41 not providing for recourse against Information Commissioner--Providing for review of decision to refuse access to record: Dagg v. Canada (Minister of Finance), [1997] 2 S.C.R. 403--Court has no jurisdiction, pursuant to s. 41, to conduct judicial review of Information Commissioner's findings, recommendations--Not open to Motions Judge to allow application for judicial review to continue--Access to Information Act, R.S.C., 1985, c. A-1, s. 41.