Date: 19990908
Docket: T-1250-99
MONTRÉAL, QUEBEC, SEPTEMBER 8, 1999
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
LES SALAISONS BROCHU INC.,
Plaintiff,
AND
AGRICULTURE AND AGRIFOOD CANADA,
Defendant.
Motion by the plaintiff for an order of confidentiality and non-disclosure of information and documents to be filed.
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] It appears that the plaintiff's motion is much too broad and sweeping in its conclusions for the purposes of s. 47 of the Access to Information Act, R.S.C. 1985, c. A-7, as amended, and Rules 151 and 152 of the Federal Court Rules (1998).
[2] The Court must accordingly allow the plaintiff's motion in part. Under Rule 53, however, it follows that the order of confidentiality to be made in the case at bar will be as follows:
[3] THE COURT ORDERS that the affidavits and related exhibits setting forth facts, a part of the documents requested or other documents whose disclosure is not at issue be filed in the Registry of the Court and processed in the usual way; and
[4] THE COURT FURTHER ORDERS that any part of a document requested under the Access to Information Act, the disclosure of which is covered in the review proceeding in the case at bar, be filed confidentially in the Registry and that the affidavits and related exhibits be identified as such and filed under sealed cover, and that any party may file a new motion in the Court respecting the custody of the documents under sealed cover; and
[5] THE COURT FURTHER ORDERS that any portion of a document sought, all affidavits and related exhibits alleged to contain confidential information be filed in the Registry in a sealed envelope bearing the notation [TRANSLATION] "Confidential exhibit", which shall be kept sealed and apart from the public record so as to remain undisclosed to the public and any person other than the applicant, the respondent, their counsel and advisors, and that any confidential document shall be kept in a sealed envelope until the Court directs otherwise; and
[6] THE COURT FURTHER ORDERS that any [TRANSLATION] "Confidential exhibit" covered by paragraph 5 be excluded from the public record which the parties are required by the Rules to assemble and file.
[7] Additionally, the plaintiff will be given until October 8, 1999 to file its affidavits and the documentation it intends to use.
[8] The defendant shall have thirty days from the service of the plaintiff's affidavits to file its affidavits and the documentation in support of its position.
| Richard Morneau Prothonotary |
Certified true translation
Bernard Olivier, LL. B.
| Federal Court of Canada Trial Division Date: 19990908 Docket: T-1250-99 Between: LES SALAISONS BROCHU INC., Plaintiff, AND AGRICULTURE AND AGRIFOOD CANADA, Defendant. REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-1250-99
| STYLE OF CAUSE: LES SALAISONS BROCHU INC., |
Plaintiff,
AND
| AGRICULTURE AND AGRIFOOD CANADA, |
Defendant.
WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: September 8, 1999
WRITTEN SUBMISSIONS BY:
Serge Kronström for the plaintiff
Martin Lamontagne for the defendant
SOLICITORS OF RECORD:
Kronström, Desjardins for the plaintiff
Serge Kronström
Lévis, Quebec
Federal Department of Justice for the defendant
Martin Lamontagne
Ottawa, Ontario