Case Report – Fed Court comments on jurisdiction to receive ATIA applications

On October 13th, the Federal Court had an opportunity to comment on its jurisdiction to receive applications for review under section 41 of the Access to Information Act. It held that the Court’s jurisdiction is based on a “genuine and continuing claim of refusal of access.” This supported a finding that it had no jurisdiction to (a) hear an application about a series of requests that were deemed to be refused but, through a series of events, answered by the time the application was filed and (b) reprimand the responding institution for delay.

Statham v. Canadian Broadcasting Corp., 2009 FC 1028.


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