RACHEL EXETER Applicant v. ATTORNEY GENERAL OF CANADA, 2013 FC 779

Date: 20130711 Docket: T-482-13 Citation: 2013 FC 779 Ottawa, Ontario, July 11, 2013 PRESENT: The Honourable Mr. Justice Annis BETWEEN: RACHEL EXETER Applicant and ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) Respondent REASONS FOR ORDER AND ORDER [1] The Applicant brings this motion for the production of the file of the Canadian Human Rights Commission concerningcertain complaints filed by her. She is particularly interested in the disclosure of the Respondent’s submissions including a 47 pagedocument provided to the Commission by her former employer during the Commission’s analysis of her complaint under

section 41 ofthe Canadian Human Rights Act. [2] The Respondent’s position was summarized in the

Section 40/41 Report which was used in the decision making of theCommission. The Respondent’s submissions were not before the decision-maker. [3] I agree with the submissions of the Commission as supported by those of the Attorney General that the Applicant is engagedin a “fishing expedition” contrary to the purpose of Rule 317 of the Federal Courts Rules, SOR/2004-283 s. 2; see The AccessInformation Agency Inc. v.

Attorney General of Canada, 2007 FCA 224 at paragraph 17. [4] The general rule is that only those documents which were actually before the decision-maker are to be the subject of theRule 317 disclosure; see Deer Lake Regional Airport Authority Inc. v. Attorney General of Canada, 2008 FC 1 , 2008 FC1 1281at paragraph 29. [5] There is no indication as to what relevance the respondent’s submissions would have in light of the investigative report beingbefore the Commission, which has been disclosed to the Applicant.

[ 6 ] This decision includes consideration of the Applicant’s amended Reply which has been accepted for filing. [ 7 ] Accordingly, the motion is dismissed with costs to the AGC fixed at $300 payable forthwith. ORDER THIS COURT ORDERS that the motion is dismissed with costs to the Attorney General of Canada fixed at $300.00 payable forthwith. “Peter Annis” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-482-13 STYLE OF CAUSE: RACHEL EXETER v. ATTORNEY GENERAL OF CANADA (DEPUTY HEAD, STATISTICS CANADA) MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES REASONS FOR ORDER AND ORDER: ANNIS J. DATED: July 11, 2013

WRITTEN REPRESENTATIONS BY : Rachel Exeter FOR THE APPLICANT ON HER OWN BEHALF Paul Battin FOR THE RESPONDENT SOLICITORS OF RECORD : FOR THE APPLICANT ON HER OWN BEHALF William F. Pentney Deputy Attorney General of Canada Ottawa , Ontario FOR THE RESPONDENT