Grimard v. Canada ( President, Human Rights Commission )
T-1461-94
Joyal J.
23/11/94
4 pp.
Application to review refusal to disclose agreement approved by CHRC in Tymchyshyn v. Canadian Pacific Ltd.-Tymchyshyn, diabetic, filing complaint with CHRC against employer's policy of refusing to employ insulin dependent diabetics-Prior to hearing parties reaching agreement, submitting it to Commission for approval-Commission refusing disclosure under Access to Information Act, s. 19(1) as agreement containing non-disclosure clause-Access to Information Commissioner upholding refusal-Application dismissed-Canadian Human Rights Act, s. 48, requiring CHRC to examine terms of agreement before granting approval, sufficient protection of public interest-Non-disclosure clause endorsed by Commission deserving respect from Court, public authorities-Application of doctrine pacta sunt observanda-Crestbrook Forest Industries Ltd. v. Canada, A-1034-91, judgment dated 21/2/92, confirming this type of agreement against third parties binding on public authorities-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3, 7, 48-Access to Information Act, R.S.C., 1985, c. A-1, ss. 19, 41, 46, 47.