Terry v. Canada ( Minister of National Defence )
T-845-94
Rouleau J.
10/11/94
8 pp.
Application for judicial review of decision by Minister of National Defence to withhold information in personal file of member of Canadian Armed Forces found to be "personal" information exempt from disclosure -- Applicant seeking transcript of charge, copy of subsequent disposition, copy of punishment-Whether decision to refuse disclosure to applicant of information justified under Access to Information Act, Privacy Act -- Disclosure general rule, refusal of disclosure exception -- Burden of proof upon party objecting to disclosure under Access to Information Act, s. 48 -- Respondent had to establish information requested by applicant fell under Act, s. 19(1) -- Information released as copy of Charge Report inadvertently shown to media by member of Canadian Forces in Croatia -- Not all information requested by applicant released -- Information sought "personal information" under Privacy Act, s. 3 -- Exceptions found in Act, s. 3(j) very specific, should be interpreted narrowly -- Information requested by applicant not falling under any of s. 3(j) headings -- National Defence exercising discretion to withhold information containing personal information under Access to Information Act, s. 19(2) -- Requested information having no public interest, should not be released under Privacy Act, s. 8 -- Application dismissed -- Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 48 -- Privacy Act, R.S.C., 1985, c. P-21, s. 3.