[2012] 3 F.C.R. D-2
Access to Information
Appeal from Federal Court decision (2011 FC 641) refusing to grant judicial review of Department of National Defence decision to disclose unit prices contained in standing offers made by appellant for Airborne Training Services—Appellant, through waiver clause, agreeing to disclosure of unit prices—Federal Court holding that, by agreeing to waiver clause, appellant giving “consent” to release of unit prices as word used in Defence Production Act, R.S.C., 1985, c. D-1 (DPA), s. 30; that Access to Information Act, R.S.C., 1985, c. A-1 (ATIA), s. 24(1) not operating to prevent release of information in question—Federal Court not erring in holding that appellant consented to disclosure of unit prices pursuant to DPA, s. 30; that Minister of National Defence therefore not bound by restriction therein—Appellant’s contention that, even if waiver authorizing release of unit prices, ATIA, s. 24(1) preventing Minister from releasing information rejected—ATIA, s. 24(1) not intended to be construed as appellant contending since person seeking release of subject information in present case would be devoid of any statutory method for accessing information even though appellant consented to release thereof—ATIA, s. 2(1) providing for right of access to government information subject only to “necessary exceptions”—Clear that when disclosure of information restricted by statutory provision set out in ATIA, Schedule II in circumstances where no alternative method for accessing information provided in statute enacting restriction, ATIA, s. 24(1) must be construed as incorporating restriction—Therefore, Federal Court proceeding on proper principle when considering restriction set out in DPA, s. 30, ordering disclosure of unit prices on basis that information not “restricted” within meaning of ATIA, s. 24(1) by reason of consent appellant giving—Appeal dismissed.
Top Aces Consulting Inc. v. Canada (National Defence) (A-255-11, 2012 FCA 75, Noël J.A., judgment dated March 7, 2012, 7 pp.)