Calvin Sandiford v. The Attorney General Of Canada
CALVIN SANDIFORD
Law Firm / Organization
Unrepresented
THE ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada

Background: Calvin Sandiford, a former Canadian Armed Forces member, self-represented and qualified as a barrister, requested his personal information under the Privacy Act from the Department of Justice, covering records from September 2009 onwards.

Proceedings:

  • Initial Request: Submitted in April 2020; involved a large volume of records.
  • Complaint: Filed with the Privacy Commissioner in January 2022 due to no response; Commissioner found the complaint well-founded in February 2023.
  • Court Application: Sought document disclosure, declaration of rights violation, administrative process abuse, and conversion to an action for damages.

Key Findings:

  • Mootness: Application deemed moot following the Department of Justice's response exempting all information from release.
  • Limited Jurisdiction: Court highlighted its jurisdiction under Section 41 of the Privacy Act is restricted to ordering the disclosure of information.
  • Conversion Denied: Request to convert the application into an action under subsection 18.4(2) of the Federal Courts Act was rejected, applicable only to judicial reviews under Section 18.

Conclusion: Application dismissed as moot. Court acknowledged procedural challenges faced by Sandiford and directed recourse to a new complaint to the OPC.

Costs Awarded: None. The Respondent did not seek costs, and the Court found none shall be awarded under the circumstances.

Federal Court
T-431-23
Privacy law
Respondent
06 March 2023