Wells v. Canada ( Minister of Transport )
T-1315-91
Jerome A.C.J.
26/5/95
4 pp.
Application for judicial review of refusal of Minister of Transport to release certain documents to applicant on grounds of solicitor-client privilege exemption -- Respondent granting request seeking access to certain records in its possession, then changing mind -- Minister determining certain documents contained in files protected -- Applicant filing complaint with Information Commissioner -- Commissioner concluding impugned documents excludable, severable in part, based on solicitor-client exemptions of Access to Information Act, s. 23 -- Decision to release documents to party made under Act but prior to actual release can be revised -- Decision to release documents not irreversible -- Minister not bound at every step of access request once decision in affirmative made by lower level government employee -- Onus on government department to establish information communicated to or by government lawyer in order to provide senior department officials with advice on legal ramifications of proposed departmental actions -- Information must be confidential -- Documents at issue fully protected from disclosure under scope of solicitor-client privilege exemption -- Minister's decision to refuse to make them available to applicant upheld -- Application dismissed -- Access to Information Act, R.S.C., 1985, c. A-1, s. 23.