Canada Post Corp. v. Canada (Minister of Public Works and Government Services)

Canada Post Corp. v. Canada (Minister of Public Works and Government Services)
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-11-24
Neutral citation
2004 FCA 395
File numbers
A-126-04
Decision Content
Date: 20041124
Docket: A-126-04
Citation: 2004 FCA 395
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
CANADA POST CORPORATION
Appellant
and
MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Respondent
Heard at Ottawa, Ontario, on November 24, 2004.
Judgment delivered from the Bench at Ottawa, Ontario, on November 24, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20041124
Docket: A-126-04
Citation: 2004 FCA 395
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
CANADA POST CORPORATION
Appellant
and
MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 24, 2004)
NOËL J.A.
[1] This is an appeal under the Access to Information Act, R.S.C. 1985, c. A-1, involving the application of paragraphs 20(1)(b) and (c).
[2] With respect to paragraph 20(1)(b), we conclude that the evidence before the motions Judge allowed her to conclude that the relevant information had not been treated consistently in a confidential manner by Canada Post Corporation.
[3] We are also of the view that the motions Judge made no palpable and overriding error in not finding that keeping the information confidential would foster for the public benefit the relationship between Canada Post Corporation and the Government.
[4] With respect to paragraph 20(1)(c), we are of the view that the reasons of the motions Judge when read as whole, show that she applied the proper test despite her use of the word "would" rather than "could".
[5] Furthermore, upon consideration of the confidential evidence, we are satisfied that the test for confidentiality under paragraph 20(1)(c) has not been met.
[6] The appeal will be dismissed with costs.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-126-04
APPEAL FROM A JUDGEMENT OR ORDER OF THE FEDERAL COURT DATED FEBRUARY 24, 2004, DOCKET NO. T-1265-02
STYLE OF CAUSE: CANADA POST CORPORATION v. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 24, 2004
REASONS FOR JUDGMENT OF THE COURT (L ourneau, Rothstein, No JJ.A.)
DELIVERED FOR THE BENCH BY: No J.A.
APPEARANCES:
Mr. Richard G. Deardon
Ms. Joanna Kouris
FOR THE APPELLANT
Ms. Marie Crowley
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Gowling Lafleur Henderson LLP
Ottawa, Ontario
FOR THE APPELLANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada
FOR THE RESPONDENT