ACCESS TO INFORMATION |
Aliments Prince Foods Inc. v. Canada (Department of Agriculture and Agri-Food)
A-128-99
Décary J.A.
29/1/01
4 pp.
Appeal from Trial Division order ((1999), 164 F.T.R 104) dismissing appellant's motion to find appearance by Department of Agriculture as respondent inadmissible--Access to Information Act, s. 48 imposing burden of establishing merits of refusal to communicate document on federal institution concerned when application for judicial review by person denied access or by Information Commissioner--Only effect to prescribe unusual reversal of burden of proof in case of refusal to communicate--While normally, burden on plaintiff to show how decision unlawful, Parliament here intended incumbent on federal institution to show how decision to refuse lawful--Department of Agriculture person "required to be named as party under Act of Parliament" within meaning of r. 303(1)(b)--Structure of this particular Act such that court, hearing action more in nature of de novo proceeding than typical judicial review proceeding, has before it position of federal institution in question, regardless of whether opposition to communication originating from institution or from third party--Appeal dismissed--Access to Information Act, R.S.C., 1985, c. A-1, s. 48--Federal Court Rules, 1998, SOR/98-106, r. 303.