Federal Appeal

Administrative Law

Practice and procedure

Practice on appeal

Confidentiality order rescinded as information relating to harassment complaint no longer confidential

Complainant alleged harassment against member of Canadian Radio-television and Telecommunications Commission (Commissioner). Investigator upheld complaint. Commissioner successfully applied for judicial review. Confidentiality order made on consent of parties was rescinded by judge at hearing. Attorney General appealed regarding confidentiality order. Appeal dismissed as moot. Information Attorney General sought to keep confidential was no longer confidential. Judge’s decisions clearly identified complainant, alleged harasser and others who appeared before investigator. As Attorney General did not seek stay of judge’s order on confidentiality, there was no longer any live issue before court.

Canada (Attorney General) v. Shoan (2017), 2017 CarswellNat 4475, 2017 FCA 192, M. Nadon J.A., Stratas J.A., and Webb J.A. (F.C.A.); appeal dismissed as moot (2016), 2016 CarswellNat 5291, 2016 CarswellNat 5578, 2016 FC 1003, 2016 CF 1003, Russel W. Zinn J. (F.C.).


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