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Canada ( Attorney General ) v. Canada ( Information Commissioner )

A-692-97 / A-693-97 / A-726-97

Evans J.A.

12/1/00

4 pp.

Appeal from Motions Judge's decision ((1996), 199 F.T.R. 77) dismissing application for judicial review summarily on respondents' motion-Reasons of Motions Judge revealing no error-Motions Judge neither ignoring relevant factors nor weighing them so inappropriately as to attract intervention of Court-Person seeking judicial redress on ground of procedural fairness must normally establish interests adversely affected by administrative action being impugned-Finding in Information Commissioner's report appellant Petzinger's involvement in dismisssal of respondent Drapeau from Armed Forces gave rise to reasonable apprehension Petzinger might be biased in handling of Drapeau's information requests not prejudicing Petzinger's reputation-Appellant Petzinger suffering no injury which relief sought in application for judicial review could redress-There could be circumstances in which Information Commissioner may be required by duty of fairness to afford to those adversely affected by reports procedural rights over and beyond those expressly prescribed in Access to Information Act-Appeal dismissed-Access to Information Act, R.S.C., 1985, c. A-1.

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