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The Supreme Court judge conducting a judicial review of a decision by the province's former privacy commissioner to deny CBC access to the names of companies that received PNP money will have access to all documents that commissioner had when she made her decision.
Supreme Court Judge Wayne Cheverie ordered Thursday that all documents Judith Haldemann had when she reached her decision will be included in the record filed with the presiding judge.
But none of the documents to be filed with the court will contain the names of any companies that received funding or any information that someone could use to identify those companies.
Cheverie had been asked ultimately to determine what documents could be filed as part of the record for the judicial review and what information those documents could contain.
The privacy commissioner, Maria C. MacDonald, had filed a motion to seal a portion of the record to be filed with the court for the judicial review until otherwise ordered by the court.
Cheverie rejected the motion to seal any of the documents in that record.
"If they are unable to resolve the issue, then it will be resolved by the court." Supreme Court Judge Wayne Cheverie
But he ordered that all documents filed by the commissioner with the court for that review be purged of all third party names.
All identifying information which could lead to the identification of a third party is to be purged.
"This exercise includes examination and redaction of all submissions or representations made to the privacy commissioner," Cheverie's order stated.
Cheverie has given the privacy commissioner and her legal counsel, Douglas Drysdale, 90 days to complete the redaction process.
When that process has been completed the commissioner will forward all redacted documents to Island Investment Development Inc., the corporation which has the responsibility for administering the PNP program, for their review.
Island Investment Development Inc. will then have 30 days from its receipt of the redacted documents to complete its review.
"If Island Investment is content with the redacted documents presented to it, then that portion of the record is settled," Cheverie stated.