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ARTICLE · 24 MAY 2011

Canada (Information Commissioner) v Canada (Minister Of National Defence)

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Four appeals in respect of applications for judicial review of refusals to disclose under the Access to Information Act (the "Act") by the Information Commissioner of Canada were heard together.

CanadaLitigation, Mediation & Arbitration
Mandy Seidenberg
Mandy Seidenberg
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2011 SCC 25 (Released May 13, 2011)

Access to Information Act – Exemptions – Personal Information – Minister's Records

Four appeals in respect of applications for judicial review of refusals to disclose under the Access to Information Act (the "Act") by the Information Commissioner of Canada were heard together. Pursuant to section 4 of the Act, a requester has a right to "any record under the control of a government institution", subject to certain exceptions. The court, with Charron J. writing for the majority and LeBel J. concurring in the result, upheld the lower court rulings that the Prime Minister's Office and the relevant ministerial office do not form part of the "government institution" for which they are responsible for the purposes of the Act. For example, the court found that the office of the Minister of National Defence is not part of the Department of National Defence.

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