Date: 20021024
Docket: A-700-01
Neutral citation: 2002 FCA 414
CORAM: LINDEN J.A.
SEXTON J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
representing THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Appellant (Respondent)
- and -
SIEMENS CANADA LIMITED
Respondent (Applicant)
Heard at Toronto, Ontario, on Thursday, October 24, 2002.
Judgment delivered at Toronto, Ontario, on Thursday, October 24, 2002.
REASONS FOR JUDGMENT FOR THE COURT: SEXTON J.A.
Date: 20021024
Docket: A-700-01
Neutral citation: 2002 FCA 414
SHARLOW J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
representing THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Appellant (Respondent)
- and -
SIEMENS CANADA LIMITED
Respondent (Applicant)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Thursday, October 24, 2002)
SEXTON J.A.
[1] We are not persuaded that the Motions Judge had no jurisdiction to decide as he did on the basis of Section 30 of the Defence Production Act. Counsel for the Crown concedes that Section 44 of the Access to Information Act was not argued before the Motions Judge and for the first time on appeal argues that Section 44 limits the jurisdiction of the Court such that Section 24 cannot be invoked by the party seeking to prevent disclosure. We are unable to interpret Section 44 in this way. We also agree with the Motions Judge that the information in question here was obtained under or by virtue of the Defence Protection Act. The appeal will be dismissed with costs fixed at $3,000.00.
"J. E. Sexton"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-700-01
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
representing THE MINISTER OF PUBLIC WORKS AND
GOVERNMENT SERVICES CANADA
Appellant (Respondent)
- and -
SIEMENS CANADA LIMITED
Respondent (Applicant)
DATE OF HEARING: THURSDAY, OCTOBER 24, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: SEXTON J.A.
DATED: THURSDAY, OCTOBER 24, 2002
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, OCTOBER 24, 2002.
APPEARANCES BY: Ms. Liz Tinker
For the Appellant (Respondent)
Ms. Michele Ballagh
For the Respondent (Applicant)
SOLICITORS OF RECORD:Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant (Respondent)
Gowling Lafleur Henderson
Barristers & Solicitors
Suite 560, 120 King Street West
Hamilton, Ontario
L8P 4V2
For the Respondent (Applicant)
FEDERAL COURT OF APPEAL
Date: 20021024
Docket: A-700-01
BETWEEN:
THE ATTORNEY GENERAL OF CANADA representing THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA
Appellant (Respondent)
- and -
SIEMENS CANADA LIMITED
Respondent (Applicant)
REASONS FOR JUDGMENT
OF THE COURT