On June 17, 2010, the Supreme Court of Canada ruled 7-0 in Ontario (Public Safety and Security) v. Criminal Lawyers' Association that Canadians have a limited right to government information if the information is necessary to the effective exercise of the freedom of expression and is not privileged. The court held that under § 2(b) of the Charter of Rights and Freedoms a claimant must show that denial of access to withheld information "effectively precludes meaningful public discussion on matters of public interest." In establishing this, a claimant creates a prima facie case for production of the information that may be refuted through an assertion of a privilege which would place it outside of the scope of § 2(b). Additionally, information may be withheld from release if its release would interfere with the functions of government.
Subscribe to This Day at Law alerts via R|mail. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.
MyBlogAlerts also e-mails alerts of new This Day at Law entries. It's free and fast, but ad-based.