Info Source Bulletin Number 28

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Footnotes

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^[1] "Investigation" has been defined as : 'the action of investigating; the making of a search or inquiry; systematic examination, careful or minute search' (Oxford English Dictionary). A search or inquiry must be made with some object in mind. A systematic inquiry requires a guiding paradigm […]" (para. 45).

^[2] 

1. that the content of the record be such that the information it contains is not available from sources otherwise accessible by the public or that could not be obtained by observation or independent study by a member of the public acting on his own,
2. that the information originate and be communicated in a reasonable expectation of confidence that it will not be disclosed, and
3. that the information be communicated, whether required by law or supplied gratuitously, in a relationship between government and the party supplying it that is either a fiduciary relationship or one that is not contrary to the public interest, and which relationship will be fostered for the public benefit by confidential communication.

^[3] S. 19 of the Ontario FOIP reads as follows : "A head may refuse to disclose a record that is subject to solicitor-client privilege or that was prepared by or for Crown counsel for use in giving legal advice or in contemplation of or for use in litigation."

^[4] Blank v. Canada (Minister of Environment), 2001 FCA 374, para. 23.

^[5] 22. (1) The head of a government institution may refuse to disclose any personal information requested under subsection 12(1)

1. that was obtained or prepared by any government institution, or part of any government institution, that is an investigative body specified in the regulations in the course of lawful investigations pertaining to
   1. the detection, prevention or suppression of crime,
   2. the enforcement of any law of Canada or a province, or
   3. activities suspected of constituting threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act

if the information came into existence less than twenty years prior to the request;

^[6] The Applications Judge went on to state that: "There exists, here, insufficient evidence to conclude that there is a basis to establish financial loss or prejudice to BLJC, or financial gain to a competitor" (para. 22 of the decision).

^[7] Air Atonabee Ltd. v. Canada (Minister of Transport) (1989), 27 C.P.R. (3d) 180 (F.C.T.D.).

^[8] Société Gamma Inc. v. Canada (Department of Secretary of State) (1994), 56 C.P.R. (3d) 58 (T.D.).

^[9] Appeal and leave to appeal to the Supreme Court of Canada dismissed—see Comments.

^[10] Société Gamma Inc. v. Canada (Department of Secretary of State) (1994), 79 F.T.R. 42 (F.C.T.D.).

^[11] Wyeth-Ayerst Canada Inc. v. Canada (Attorney General) (2003), 305 N.R. 317 (F.C.A.).

^[12] Air Atonabee Limited v. Canada (1989), 27 F.T.R. 194 (F.C.T.D.).

^[13] St. Joseph Corp. v. Canada (Public Works and Government Services) (2002), 218 F.T.R. 41 (F.C.T.D.).

^[14] Rubin v. Canada (Canada Mortgage and Housing Corp.), [1989] 1 F.C. 265 (C.A.).

^[15] See paras. 50 and 51 of Justice Heneghan's reasons. 

^[16] Appeal and leave to appeal to the Supreme Court of Canada dismissed—see Comments.

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