Grand Council of the Crees of Quebec v. Canada ( Minister of External Affairs and International Trade )
T-1681-94
Pinard J.
27/6/96
10 pp.
Application for judicial review, under Access to Information Act, s. 41, of decision by Department of Foreign Affairs and International Trade to refuse disclosure of certain information contained in requests A-2345, A-2346-In 1989, Hydro-Québec announcing additional hydroelectric mega projects in James Bay area, including Great Whale-Cree people opposing project as would seriously and permanently affect way of life, destroy territory-Great Whale issue affecting foreign policy, international affairs of Canada-Requests A-2345, A-2346 encompassing documents dealing with number of specific issues related to Great Whale and opposition to it by applicant in various fora in United States, Europe, international institutions-Both made in October 1992-Whether information withheld from disclosure information exempted under Act, ss. 13, 14, 15, 19, 21-Act containing two types of exemptions, mandatory and discretionary-Information withheld from disclosure under mandatory exemptions in s. 13(1)(a), (b), (c) information obtained in confidence from government of foreign state or institution thereof, or international organization of states or institution thereof, or government of province or institution thereof-Once head of government institution has met burden of establishing information not disclosed obtained in confidence under s. 13(1), onus shifts to party claiming exception under s. 13(2) to establish exception-No such exception established herein-Information withheld under s. 19(1) personal information as defined in Privacy Act, s. 3-Department should have applied discretionary exemption in s. 19(2) which required two decisions be made: factual decision, discretionary decision-Decision to withhold information not based on application of discretionary exemption in s. 19(2)-Matter referred back to head of institution to be redetermined by proper exercise of discretion granted under s. 19(2)-Application allowed in part-Access to Information Act, R.S.C., 1985, c. A-1, ss. 13, 14, 15, 19, 21, 41-Privacy Act, R.S.C., 1985, c. P-21., s. 3.