Trial judge properly considered applicability of privilege

Statutory protection of environment

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Miscellaneous

Trial judge properly considered applicability of privilege

Parties were involved in proceedings under Environmental Protection Act, 1999. Informant in proceedings sought protection of identity under s. 16(2) of Act. At hearing regarding production, order issued which exempted from disclosure any information that might reasonably identify person who applied for investigation. Numbered company appealed. Appeal dismissed. Trial judge properly considered issue of applicability of privilege. Federal Court did not effectively read class privilege of s. 16 into scheme of s. 17 to 21 of Act. Person who believes that investigation should be initiated under s. 17 of Act may also require and request protections afforded by section 16.
876947 Ontario Ltd. v. Canada (Attorney General) (2016), 2016 CarswellNat 5708, 2016 FCA 270, 2016 FC 432, Eleanor R. Dawson J.A., Near J.A., and Woods J.A. (F.C.A.).