PRIVACY |
Maydak v. Canada (Solicitor General)
T-73-04
2004 FC 1171, Rouleau J.
24/8/04
9 pp.
Application under Privacy Act, s. 41 for access to information in RCMP, Interpol records--U.S.A. sought applicant's extradition to prosecute for supervised release violation--Authority to Proceed against applicant pursuant to Extradition Act, s. 15 issued on behalf of Minister of Justice-- RCMP providing some, withholding other information under Privacy Act, ss. 22(1)(a)--Applicant complained to Privacy Commissioner--Complaint found not well-founded as information less than 20 years old, obtained in course of investigation by investigative body--Undisclosed documents filed under seal for purpose of this judicial review pursuant to prothonotary's order--Applicant's argument: RCMP did not conduct "investigation" but only monitored extradition proceedings--In alternative, if investigation conducted, was not for crime detection, prevention, or enforcement of Canadian law, as required by s. 22(1)(a)--As to Act, s. 19 exception, applicant says inapplicable, U.S.A. not having given information "in confidence" as extradition was matter of public record--Argued under s. 22(1)(b) RCMP had to show disclosure injurious to enforcement of law, and under s. 26, could redact names of third parties--Solicitor General's argument: exempted material pertains to investigation of application regarding Extradition Act enforcement--Case law holds question whether record within Privacy Act exemption to be reviewed according to correctness standard--Upon review of file, clear RCMP merely received information from Justice Canada that U.S.A. sought applicant for supervised release violation, having submitted extradition request--Only actions taken involved entering applicant's name on Canadian police database, communicating by e-mail with Justice re: status of extradition proceedings--Not constituting investigation within meaning of statute--No investigatory action undertaken--Commissioner erred, Court intervention warranted--As impugned decision based entirely on s. 22(1)(a), not for Court to consider other statutory exemption provisions--In any event, none of other exemptions appear applicable--One possible exception: letter from FBI to RCMP containing name of third party--Document to be given applicant with one paragraph redacted--Application granted --Privacy Act, R.S.C., 1985, c. P-21, ss. 19, 22, 26, 41-- Extradition Act, S.C. 1999, c. 18, s. 15(1).