Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Sheldon Blank was a director of a company that operated a pulp and paper mill in Winnipeg. He was charged with offences under the Fisheries Act and the Pulp and Paper Effluent Regulations. Eight charges were quashed in 1997 and the remaining five were quashed in 2001. In 2002, the Crown laid new charges but, after a trial date was set, the Crown stayed the proceedings and informed Mr. Blank that the prosecutions would not be reinstated. The Respondent sued the federal government for fraud, conspiracy, perjury and abuse of power. Pursuant to the Access to Information Act, Sheldon Blank requested access to government records related to the alleged offences and the prosecutions. 2297 pages of material were released but approximately 1500 pages were withheld as exempt from disclosure pursuant to ss. 13(1), 19(1), 20(1), 21(1) and 23 of the Act. Mr. Blank sought judicial review of the decision not to release the 1500 pages of material. On November 19, 2002, the reviewing judge held that litigation privilege only protects documents until the litigation has ended. On February 26, 2003, he made decisions in respect of the bulk of the documents, finding that some should be disclosed and others withheld. He reserved on records alleged to contain evidence of obstruction, perjury, extortion, conspiracy and trespass on the part of government officials or their counsel. On April 17, 2003, the reviewing judge held that the reserved records contained no evidence of the alleged offences and he upheld Mr. Blank’s claims that these records are exempt from disclosure. Sheldon Blank appealed and the Minister of Justice cross-appealed. The Federal Court of Appeal dismissed the appeal, save for the question of severance. The cross-appeal was dismissed.