Case information
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31817
H.J. Heinz Company of Canada Ltd. v. Attorney General of Canada
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-05-14 | Close file on Leave | |
| 2007-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-05-11 | Judgment on leave sent to the parties | |
| 2007-05-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-505-05, 2006 FCA 378, dated November 17, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2007-04-16 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-02-26 | Applicant's reply to respondent's argument, Completed on: 2007-02-26 | H.J. Heinz Company of Canada Ltd. |
| 2007-02-15 | Correspondence received from, R. Casanova, re: response does not contain any confidential information | Attorney General of Canada |
| 2007-02-14 | Respondent's response on the application for leave to appeal, (Proof of service missing - rec'd Feb. 22/07), Completed on: 2007-02-22 | Attorney General of Canada |
| 2007-01-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-01-16 | Correspondence received from, Mrs. Tomkins re: vol. II to remain sealed | H.J. Heinz Company of Canada Ltd. |
| 2007-01-16 | Book of authorities, Joint with 31818 | H.J. Heinz Company of Canada Ltd. |
| 2007-01-16 | Application for leave to appeal, joint with 31818, Volumes I & II (Volume II is SEALED), Completed on: 2007-01-16 | H.J. Heinz Company of Canada Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| H.J. Heinz Company of Canada Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: H.J. Heinz Company of Canada Ltd.
Counsel
Craig Collins-Williams
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Attorney General of Canada
Counsel
234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3459
FAX: (613) 954-1920
Agent
234, rue Wellington
Pièce 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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Summary
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(Sealing order)
Access to Information - Judicial review - Decision of Canadian Food Inspection Agency to release certain records as requested - Whether s.44 allows a third party to resist disclosure on the grounds that the document in question is not within the class of documents requested in the access request
In August of 2004, the President of the Canadian Food Inspection Agency ("CFIA") received a request for access to information for all submissions or proposals made by the Applicant, Heinz, regarding the adequacy, advisability or legality of any restrictions on the format of containers for any food or drink classified as infant or junior food under the Processed Products Regulations (the "Regulations")or any proposal for the amendment or replacement of those Regulations as they apply to the container format of infant and junior food. CFIA identified six documents, a presentation by Dr. Friel and a study that it considered responsive to the request and advised Heinz that it proposed to disclose those all of these documents. Heinz requested that access be denied pursuant to ss. 20(1)(b) and (c) of the Access to Information Act, R.S.C. 1985, c. A-1, and on the ground that the proposed documents were unresponsive to the request. The parties corresponded back and forth until CFIA informed Heinz that it had decided to allow redacted copies of the six documents and the presentation to be released. Later, it advised Heinz that it would release the study in its entirety. Heinz made two applications for judicial review of these decisions.
Lower court rulings
Federal Court of Canada, Trial Division
T-474-04, 2005 FC 1315
Applicant's application for judicial review dismissed
Federal Court of Appeal
A-505-05, 2006 FCA 378
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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