Aliments Prince Foods Inc. v. Canada ( Department of Agriculture and Agri-Food )
T-1817-98
Dubé J.
19/2/99
6 pp.
Practice-Parties-Standing-Motion by plaintiff seeking ruling appearance of defendant (Department) inadmissible in case at bar as defendant not having sufficient interest to act-Motion based on Quebec Code of Civil Procedure, art. 55, pleaded as matter not provided for in Rules-In May 1998, employee of Radio-Canada making application for access to information from Department-In July 1998, Department's Access to Information and Privacy Services Manager informing plaintiff Manager had received application in connection with documents containing information about plaintiff and Manager granting access to said documents-In September 1998, plaintiff filing application for judicial review of aforesaid decision, designating Department as defendant-Deputy Attorney General of Canada filing notice of appearance in accordance with r. 305-Motion dismissed-In light of precedents on issue, function of Court to review matter de novo, including detailed review of record-Thus of very essence and structure of Act that federal institution in possession of documents should be full party to judicial review process provided for in Act, and should inform Court of position on "disclosability" of documents in question, whether objection made by third party or by institution itself-Recent Federal Court decision (Desjardins, Ducharme, Stein, Monast v. Canada (Department of Finance), [1999] 2 F.C. 281 (T.D.)) held "sections 44 and 48 of the Access Act leave no doubt that the government institution may fully participate in the argument regarding the disclosure or non-disclosure of the requested information"-Procedure set out in Act, s. 44 different from that specified in Federal Court Act, s. 18.1 with respect to application for judicial review of federal board, commission or tribunal-As was stated in Canada Post Corporation v. Canada (Minister of Public Works) (1994), 68 F.T.R. 235 (F.C.T.D.), as Access to Information Act, s. 44 involves de novo proceeding, Federal Court Act, s. 18.5 provides effective bar to any judicial review proceedings applicant seeks to commence-In conclusion, Department made decision authorizing disclosure of information requested and required as defendant to respond to notice of application to review said decision by plaintiff under system contained in Act-Department entitled and has duty to participate fully in discussions regarding disclosure of information in question-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.5 (as enacted by S.C. 1990, c. 8, s. 5)-Access to Information Act, R.S.C., 1985, c. A-1, ss. 44 (as am. by R.S.C., 1985 (4th Supp.), c. 1, s. 45), 48-Quebec Code of Civil Procedure, art. 55-Federal Court Rules, 1998, SOR/98-106, r. 305.