CHAPTER V:

B. Cases in Progress – Commissioner as Applicant

1. Canada (Information Commissioner) v. Canada (Minister of National Defence)

T-210-05, Federal Court (See Annual Report 2005-2006, pp. 66-67 for more details)

This is an application, commenced pursuant to paragraph 42(1)(a) of the Act, for judicial review of the refusal by the Minister of National Defence to disclose records requested under the Act pertaining to "M5 meetings" for 1999.  The issue is whether records held in the office of the Minister of Defence, which relate to the Minister’s duties as Minister of Defence, are subject to the right of access.

It is anticipated that this matter will be heard by the Court in the Fall of 2007.

2. Canada (Information Commissioner) v. Canada (Prime Minister)

T-1209-05, Federal Court (See Annual Report 2005-2006, p. 67 for more details)

This is an application, commenced pursuant to paragraph 42(1)(a) of the Act, for judicial review of the refusal by a former Prime Minister to disclose records requested under the Act pertaining to the Prime Minister’s agenda books for January 1994 to June 25, 1999.  The issue is whether or not the agendas, held in the Prime Minister’s Office, are subject to the right of access.

It is anticipated that this matter will be heard by the Court in the Fall of 2007.

3. Canada (Information Commissioner) v. Canada (Commissioner of the Royal Canadian Mounted Police)

T-1210-05, Federal Court (See Annual Report 2005-2006, pp. 67-68 for more details)

This is an application, commenced pursuant to paragraph 42(1)(a) of the Act, for judicial review of the refusal by the Commissioner of the RCMP to disclose records requested under the Act pertaining to the agenda of the former Prime Minister Chrétien covering the period of January 1, 1997 to November 4, 2000.  The issues are whether or not the agendas qualify for exemption, in their entirety, for reasons of privacy (section 19) or for reasons of safety (section 17).

It is anticipated that this matter will be heard by the Federal Court in the Fall of 2007.

4. Canada (Information Commissioner) v. Canada (Minister of Transport)

T-1211-05, Federal Court, (See Annual Report 2005-2006, p. 68 for more details)

This is an application, commenced pursuant to paragraph 42(1)(a) of the Act, for judicial review of the refusal by the Minister of Transport to disclose records requested under the Act pertaining to Minister Collenette’s agenda for the period June 1, 1999 to November 5, 1999.  The issue is whether these records, held in the Minister’s office, are subject to the right of access.

It is anticipated that this matter will be heard by the Court in the Fall of 2007.