Federal Court of Appeal Decisions

Date: 20041124

Docket: A-126-04

Citation: 2004 FCA 395

CORAM:        LÉTOURNEAU J.A.

ROTHSTEIN J.A.

NOËL J.A.

BETWEEN:

                                                 CANADA POST CORPORATION

                                                                                                                                            Appellant

                                                                           and

                                            MINISTER OF PUBLIC WORKS AND

GOVERNMENT SERVICES CANADA

                                                                                                                                        Respondent

                                       Heard at Ottawa, Ontario, on November 24, 2004.

                 Judgment delivered from the Bench at Ottawa, Ontario, on November 24, 2004.

REASONS FOR JUDGMENT OF THE COURT BY:                                                       NOËL J.A.

Date: 20041124

Docket: A-126-04

Citation: 2004 FCA 395

CORAM:        LÉTOURNEAU J.A.

ROTHSTEIN J.A.

NOËL J.A.

BETWEEN:

                                                 CANADA POST CORPORATION

                                                                                                                                            Appellant

                                                                           and

                                            MINISTER OF PUBLIC WORKS AND

GOVERNMENT SERVICES CANADA

                                                                                                                                        Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

                    (Delivered from the Bench at Ottawa, Ontario, on November 24, 2004)

NOËL J.A.

[1]                This is an appeal under the Access to Information Act, R.S.C. 1985, c. A-1, involving the application of paragraphs 20(1)(b) and (c).

[2]                With respect to paragraph 20(1)(b), we conclude that the evidence before the motions Judge allowed her to conclude that the relevant information had not been treated consistently in a confidential manner by Canada Post Corporation.

[3]                We are also of the view that the motions Judge made no palpable and overriding error in not finding that keeping the information confidential would foster for the public benefit the relationship between Canada Post Corporation and the Government.

[4]                With respect to paragraph 20(1)(c), we are of the view that the reasons of the motions Judge when read as whole, show that she applied the proper test despite her use of the word "would" rather than "could".

[5]                Furthermore, upon consideration of the confidential evidence, we are satisfied that the test for confidentiality under paragraph 20(1)(c) has not been met.

[6]                The appeal will be dismissed with costs.

                    "Marc Noël"                        

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                   A-126-04

APPEAL FROM A JUDGEMENT OR ORDER OF THE FEDERAL COURT DATED FEBRUARY 24, 2004, DOCKET NO. T-1265-02

STYLE OF CAUSE:                                                 CANADA POST CORPORATION v. MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA

PLACE OF HEARING:                                            Ottawa, Ontario

DATE OF HEARING:                                              November 24, 2004

REASONS FOR JUDGMENT OF THE COURT (L ourneau, Rothstein, No JJ.A.)

DELIVERED FOR THE BENCH BY:                   No J.A.

APPEARANCES:

Mr. Richard G. Deardon Ms. Joanna Kouris	FOR THE APPELLANT
Ms. Marie Crowley	FOR THE RESPONDENT

Gowling Lafleur Henderson LLP Ottawa, Ontario	FOR THE APPELLANT
Mr. Morris Rosenberg Deputy Attorney General of Canada	FOR THE RESPONDENT