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THE INFORMATION COMMISSIONER OF CANADA. APPELLANT. (Appellant). - and - National Defence and the Canadian Forces attended by the Minister10 and the ...
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The following report is tabled in Parliament under the direction of the Minister of National. Revenue. It describes how the Canada Revenue Agency (CRA)
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Information Commissioner of Canada (appellant) v Commissioner of the Royal Canadian Mounted Police (respondent) and Canadian Civil Liberties Association Canadian Newspaper Association Ad IDEM/Canadian Media Lawyers Association and Canadian Association of Journalists (interveners) (33300 33299 33296 33297; 2011 SCC 25; 2011 CSC 25) Indexed
Caroline Maynard Information Commissioner of Canada 1 While the investigation concerns both DND and the Canadian Armed Forces for ease of reference and since they share the same Access to Information and Privacy units the report will only refer to DND throughout
The Information Commissioner applied to the Federal Court pursuant to s 47 of the ATIAand Rule 327 of the Federal Court Rulesto have the list become part of the public record He relied on ss 19(2) of the ATIAwhich grants a government institution discretion to disclose personal information with the individual’s consent and the fact that
v Canada (Minister of National Defence) (1990) 41 F T R 16 Statham v Canada Broadcasting Corporation 2010 FCA 315 (CanLII) Canada (Information Commissioner)Canada (Minister of National Defence)v 1999 CanLII 7857 (FCA) Canada (Information Commissioner)v Canada (Minister of External Affairs) [1990] 3 F C 514 (Fed T D)
The Information Commissioner is the first level of independent review of government decisions relating to requests for access to information under the control of government institutions The Access to Information Act requires the Commissioner to investigate all the complaints she receives
INFORMATION COMMISSIONER OF CANADA Appellant and MINISTER OF NATIONAL DEFENCE Respondent and INFORMATION AND PRIVACY COMMISSIONER OF ONTARIO Intervener Heard at Ottawa Ontario on November 19 2014 Judgment delivered at Ottawa Ontario on March 3 2015
Office of the Information Commissioner of Canada 30 Victoria Street Gatineau QC K1A 1H3 Tel (toll free): 1- 800-267-0441 Fax: 819-994-1768
What are the letters between the Commissioner and the Minister?
- In the spirit of transparency, the letters between the Commissioner and the Minister of National Defence, in which she outlines her findings and wherein he agrees with the recommendations, are appended to this report. 3?|?Special Report to Parliament ACCESS AT ISSUE
What does the Court of Appeal say about the Commissioner?
- The Court of Appeal has granted the Commissioner intervener status in these proceedings. The Commissioner’s arguments before the Court of Appeal set out the broader implications of this case for requesters, the role of the Information Commissioner under the Act, and the access to information regime.
Can the Commissioner review cabinet confidences?
- Although in the normal course the Commissioner is unable to review Cabinet confidences as part of her investigations, there are some unusual circumstances that can arise that allow the Commissioner to see unredacted versions of records over which an institution has claimed Cabinet confidences.
What happens after the Commissioner reports to the complainant?
- After the Commissioner reports to the complainant the results of her investigation of an institution’s decision to refuse access to requested records, the complainant may be of the view that more information should be disclosed.