ACCESS TO INFORMATION |
Yeager v. Canada (Correctional Services)
T-549-98
2001 FCT 434, Simpson J.
3/5/01
13 pp.
Application for judicial review of decision of Correctional Service Canada (CSC) denying applicant's requests for access to information--Requests made in two letters, submitted under Access to Information Act--CSC conceding Act, s. 4(3) applies as requested data can be created--Whether Access to Information Regulations, s. 3 limiting CSC's obligations to comply with request--Respondents failing to meet onus of demonstrating creating requested data will unreasonably interfere with operations--Order directing respondents to create requested data--Order also made requiring creation of code book to define, identify/ locate variables in each case included in 1992-93 CSC release cohort used in March 1997--Software not existing in format which could be used on personal computer--Not record as defined in Act, s. 3--Not analogous to any of items in definition--Definition of record in Act in computer context limited to data, disk--Data on disk must be supplied under Act--Parliament has not said software must be supplied--Software expressly to be listed if Parliament's intention to have it accessible under Act--Party requesting access to data in machine-readable form must secure software, hardware needed to view, analyze data--No order made with respect to software--Applicant seeking declaration right to access to all material sought based on Charter, s. 2(b)--Whether s. 2(b) guarantees constitutional "right to know" with respect to all information in possession of government considered by Ontario Divisional Court in Ontario (Attorney General) v. Fineberg (1994), 19 O.R. (3d) 197--S. 2(b) not entailing general constitutional right of access to all information under control of government--Application allowed in part--Access to Information Act, R.S.C., 1985, c. A-1, ss. 3 (as am. by S.C. 1992, c. 21, s. 1), 4 (as am. by S.C. 1992, c. 1, s. 144 ((F))--Access to Information Regulations, SOR/83-507, s. 3--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 2(b).