Canada ( Director of Investigation and Research, Competition Act ) v. Canada ( International Trade Tribunal )
A-584-93
Hugessen J.A.
17/11/93
3 pp.
Application for judicial review of denial of access to material filed with Canadian International Trade Tribunal -- Access to such material only flowing from Canadian International Trade Tribunal Act, s. 44 -- S. 44 excluding application of ordinary rules of audi alteram partem, and exhaustive of right of parties before Tribunal to examine information provided to Tribunal -- Exception to right given by s. 44, "information to which subsection 45(1) applies" -- S. 45 providing where information designated confidential pursuant to s. 46(1)(a) and designation not withdrawn, information shall not be disclosed -- Director seeking access to information so designated -- Unfortunate Director's powers to intervene in public interest before Tribunal pursuant to Competition Act, s. 125 not including automatic right of access to all confidential information in Tribunal's possession, but Canadian International Trade Tribunal Act, ss. 44 to 48 constituting complete code as to disclosure of confidential information and provisions thereof not permitting Director access to information sought -- Canadian International Trade Tribunal Act, R.S.C., 1985 (4th Supp.), c. 47, ss. 44, 45(1), 46(1)(a) -- Competition Act, R.S.C., 1985, c. C-34, s. 125 (as enacted by R.S.C., 1985 (2nd Supp.), s. 45).