Case information

Administrative law — Judicial review — Boards and tribunals — Office of the Public Sector Integrity Commissioner — Legislation — Proper interpretation and application of Public Servants Disclosure Protection Act, S.C. 2005, c. 46 — What is the proper approach when the Office of the Public Sector Integrity Commissioner decides whether to commence an investigation under s. 33(1) of the PSDPA — Whether documents that are footnoted but not physically provided are considered part of disclosure.

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Mr. Abarca was a community leader who was murdered in 2009 following protests against a Canadian mining company operating in Mexico. The applicants, who are supporters of Mr. Abarca, submitted their request for an investigation to the Public Sector Integrity Commissioner of Canada. They alleged that the Canadian Embassy in Mexico engaged in wrongdoings as defined in ss. 8(d) and (e) of the Public Servants Disclosure Protection Act. Their complaint contained footnotes with references to documents obtained through an access to information request and hyperlinks to documents, which were not physically provided to the Commissioner.

The Commissioner determined the requirements of s. 33(1) of the PSDPA had not been met and it was not in the public interest to commence an investigation. The Federal Court dismissed the application for judicial review, stating that the decision was reasonable and procedurally fair. The Federal Court of Appeal dismissed the appeal.