Excavation National inc. c. Autorité des marchés publics, 2024 QCCS 2159
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Facts
The plaintiff, Excavation National, is a construction company operating in Québec. The defendant, the Autorité des marchés publics (AMP), is a public body overseeing public procurement and the application of regulations governing public contracts in Québec.
On November 16, 2023, the AMP issued a decision refusing to authorize a contract between Excavation National with a public body, and registering it as ineligible for public contracts in Québec.
The plaintiff sought judicial review of the AMP's decision, and broad disclosure of AMP's file. It argued that the full file was necessary for the Court to decide on the legality of AMP's decision. The plaintiff concurrently filed an access to information request with AMP. The AMP refused to transmit the requested documents and deferred the decision regarding the access request.
Decision
The Court rejected the plaintiff's requests, concluding that the disclosure of the AMP's complete file constituted a fishing expedition. In particular, an assessment of the legality of the decision did not require the Court to have the AMP's complete file, particularly in light of the detailed reasons provided to Excavation National.
Key Takeaway
In the context of the judicial review of an administrative decision made by a public body, fishing expeditions in the form of an access to information request to obtain the complete file of the decision-maker will not be granted. The Court will only order the disclosure of additional documents or evidence when it is necessary to assess the reasonableness of the administrative decision.
Gravel c. Agence du revenu du Québec, 2024 QCCQ 1589
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Facts
The appellant, Gravel, was investigated by the provincial tax authority, Agence du revenu du Québec (ARQ). The appellant filed an access to information request with the ARQ, seeking various documents and information, including a list of ARQ employees who had access to the appellant's tax file. The ARQ refused to deliver said documents. The Commission d'accès à l'information (Commission) partially granted the appellant's application for review of the ARQ's decision. The ARQ destroyed some data related to Gravel's request in the period between the ARQ's refusal to deliver the documents and the Commission's decision. The destruction of the data made it impossible to generate the requested list of employees.
The Commission...
