ACCESS TO INFORMATION |
Clancy v. Canada (Minister of Health)
T-1224-02
2002 FCT 1331, Blanchard J.
31/12/02
10 pp.
Motion for order striking out application for judicial review of Information Commissioner for Canada's (ICC) decision related to refusal of applicant's access request--In response to ICC's refusal, applicant brought application for judicial review under Access to Information Act, s. 41--In order to apply for judicial review pursuant to Act, s. 41 someone has to refuse access request--If applicant not refused access to record requested under Act, should applicant's notice of application for judicial review be struck for lack of Court's jurisdiction--For applications made under authority of Act, s. 41, requirement regarding applicant subject to refusal of access--Without refusal under terms of Act, Court without jurisdiction to entertain application--Applicant presented no concrete evidence to counter findings of ICC Health Canada did not have record in possession--Applicant's allegations based on suspicion without requisite supporting evidence-- Applicant did not show requests for information refused as required by Act, s. 41--Motion granted and application for judicial review struck--Access to Information Act, R.S.C., 1985, c. A-1, s. 41.