Canada ( Minister of Citizenship and Immigration ) v. Fazalbhoy
T-2589-97
Gibson J.
13/1/99
6 pp.
Confidentiality order-Application for order of confidentiality in respect of "all material filed" by respondent in relation to appeal-Federal Court Rules, 1998, r. 151(1) providing for Court order material to be filed shall be treated as confidential-R. 151(2) requiring Court to be satisfied material should be treated as confidential, notwithstanding public interest in open, accessible court proceedings-Application for Canadian citizenship form bearing words "protected when completed"-Minister appealing grant of citizenship to respondent-Citizenship court filing certified copy of record before it-Seven months later respondent applying for confidentiality order-Respondent submitting entitled to rely on notations regarding protection of information on Canadian citizenship application-Application dismissed-Heavy onus on applicant under r. 151 to satisfy Court material should be treated as confidential: Pacific Press Ltd. v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 327 (C.A.)-Any undertaking of confidentiality given by Minister not binding on Court-Respondent providing no special reasons to justify protection of personal information-Delay between filing certified record, application herein casting doubt on depth of respondent's concern regarding confidentiality-Certified record not filed by respondent-Motion not for confidentiality in respect of material to be filed, but in respect of material filed months ago-Court recommending Minister consider adding to citizenship application forms words identifying reality that protection afforded to such forms, related materials not extending to circumstances where forms, related materials in Ministry required by law to be provided for use in Court proceedings-Federal Court Rules, 1998, SOR/98-106, r. 151.