Judge converts proceeding from one invoking Federal Courts Act’s judicial review provisions
Canada’s Federal Court converted an application from one commenced under the Federal Courts Act’s judicial review application provisions into one brought under s. 41 of the Privacy Act, then ultimately dismissed the premature application based on noncompliance with a precondition.
In McLean v. Canada (Royal Canadian Mounted Police), 2026 FC 984, the applicant filed a notice of application citing ss. 18, 18.1, and 18.2 of the Federal Courts Act, 1985, governing judicial review applications and the associated relief.
With more than 35 different types of relief requested, the applicant alleged:
- a profound, unprecedented, and systemic manipulation of judicial instruments after his arrest on Oct. 2, 2024
- the fabrication and filing of a fraudulent document, which contravened the Criminal Code, 1985, and rendered the underlying criminal proceedings and other processes void
- the wholesale falsification of an entire information package
Motion for conversion
Under r. 369 of the Federal Courts Rules, SOR/98-106, the respondents moved for orders to:
- Convert the matter into an application under s. 41 of the Privacy Act, 1985, which allowed an applicant to apply for a review of a response to a personal information request
- Amend the style of cause to name the minister of public safety and emergency preparedness as the only respondent
- Strike the application as premature
- Alternatively extend the time for the proper respondent to file a notice of appearance and r. 318 objection nunc pro tunc and for the applicant to file his supporting affidavit/s and documentary exhibits within 30 days of the court’s decision
The applicant did not file a response or seek an extension of time to do so.
Nature of application before Federal Court
The Federal Court described the notice of application, which pursued many forms of relief unavailable from the court, as lengthy and difficult to follow.
The court explained that the applicant apparently wanted a review of the RCMP’s response to his Privacy Act request for personal information, the sufficiency of the RCMP’s searches, and the RCMP’s asserted exemptions over the resulting records.
Conversion into Privacy Act application
The Federal Court exercised its discretion to convert the application into one initiated under s. 41 of the Privacy Act, dismissed the notice of application due to its prematurity, and ordered no motion costs.
The court ruled that it could not review the RCMP’s response to the applicant’s personal information request under s. 18.1 of the Federal Courts Act because he should have availed of the existing review mechanism under the Privacy Act.
Application found premature
The Federal Court considered the application premature. The court noted that the applicant should have received a report from the privacy commissioner regarding his request as a precondition for bringing an application under s. 41 of the Privacy Act.
The court pointed out that the privacy commissioner had yet to release a report responding to at least three complaints the applicant had filed with the commissioner concerning the RCMP’s response to his personal information request.
Given the dismissal of the application for prematurity, the court found it unnecessary to consider the remaining relief requested by the respondents.
Previous privacy cases
Here are some other Federal Court decisions involving privacy and data.
In an application asserting that the Toronto-Dominion Bank had breached the Personal Information Protection and Electronic Documents Act, 2000 (PIPEDA), the Federal Court issued an April 2026 decision denying an ex-employee’s three motions and the bank’s motion to dismiss the application.
The Federal Court made a December 2025 decision staying a production order that would compel the disclosure of the personal information and immigration histories of a potentially large class, including anyone that the Canada Border Services Agency had removed to Somalia.
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