Connolly v. Canada Post Corp.

Connolly v. Canada Post Corp.
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-01-29
Neutral citation
2002 FCA 50
File numbers
A-800-00
Decision Content
Date: 20020129
Docket: A-800-00
Neutral citation: 2002 FCA 50
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
JOHN E. CONNOLLY
Appellant
and
CANADA POST CORPORATION
CHAIRMAN, ANDRÉ OUELETTE
Respondents
Heard at Halifax, Nova Scotia, on January 29, 2002.
Judgment delivered from the Bench at Halifax, Nova Scotia, on January 29, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20020129
Docket: A-800-00
Neutral citation: 2002 FCA 50
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
JOHN E. CONNOLLY
Appellant
and
CANADA POST CORPORATION
CHAIRMAN, ANDRÉ OUELETTE
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia
on January 29, 2002.)
NOËL J.A.
[1] This is an appeal for a decision of MacKay J. dismissing the appellant's application made pursuant to s.41 of the Privacy Act, R.S.C. 1985, c. P. 21.
[2] MacKay J. denied the application on the ground that the Court has no authority to review the ongoing refusals by Canada Post to provide the requested information or to order any redress where the information is ultimately released as has been the case here.
[3] The appellant does not take issue with the conclusion reached by MacKay J. Rather he submits that the Act ought to be amended so as to allow the Court to review the manner in which government institutions respond to information requests and to grant the appropriate remedy where the institution is found to be at fault.
[4] This as we attempted to explain to the applicant during the course of the hearing is a matter for Parliament, and not one which we can entertain on appeal.
[5] The appeal will be dismissed.
"Marc Noël"
J.A.
FEDERAL COURT OF CANADA APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
DOCKET: A-800-00
APPEAL FROM THE JUDGMENT OF THE TRIAL DIVISION OF THE FEDERAL COURT OF CANADA, DELIVERED NOVEMBER 20, 2000 IN FILE T-1593-99.
STYLE OF CAUSE: JOHN E. CONNOLLY v. CANADA POST CORPORATION CHAIRMAN ANDRE OUELETTE
PLACE OF HEARING: Halifax, Nova Scotia
DATE OF HEARING: January 29, 2002
REASONS FOR JUDGMENT OF THE COURT: Desjardins J.A. Rothstein J. A. Noel J. A.
DELIVERED FROM THE BENCH BY: Noel J.A.
APPEARANCES:
Mr. John E. Connolly ON HIS OWN BEHALF
Mr. David A. Mombourquette FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. John E. Connolly ON HIS OWN BEHALF Dartmouth, Nova Scotia
Cox Hansen O'Reilley Matheson FOR THE RESPONDENT Halifax, Nova Scotia