Access to Information
Does the Code of Civil Procedure Really Override the Charter?: The SCC’s Reasons in MediaQMI v Kamel
The open court principle has long been a protected right under s. 2(b) of the Canadian Charter of Rights and Freedoms [Charter]. In 1989, the Supreme Court of Canada (“SCC” or “the Court”) confirmed that “the courts must be open to public scrutiny and to public criticism of their operation by the public” (Edmonton Journal […]
Return to Sender: Reasonable Expectations of Privacy in R v Marakah
How private are your private messages? Can the police read the texts you send to others? This post explores R v Marakah, 2017 SCC 59, in which the Supreme Court of Canada found that a sender can have a reasonable expectation of privacy over messages retrieved from the phone of the person receiving those messages. The […]
A Turn in Tide: Carter versus Rodriguez
Some months ago, the Supreme Court of Canada’s (“SCC”) ruling in Carter v Canada (Attorney General), [2015] 1 SCR 331 [Carter] made national headlines. Although all decisions of the SCC are important, this one seemed to strike a nerve or two on both sides of the playing field. In this case, as described in more detail here […]
Merck Frosst Canada Ltd. v. Minister of Health – Part III
In Merck Frosst v. Canada, 2012 SCC 3, the forefront of the debate rests on the balance between commercial confidentiality and government transparency. In this 6-3 ruling, the Supreme Court of Canada (“SCC”) establishes a clear framework governing the disclosure of trade secrets, confidential information and commercially sensitive information filed with Health Canada for drug […]
Merck Frosst Canada Ltd. v. Minister of Health – Part II
Can innovator pharmaceutical companies rely on exemptions in the Access to Information Act (the “Act”) to block the disclosure of documents that might contain information that could hurt its business? The Supreme Court of Canada (“SCC”) handed down its long-awaited decision on the treatment of sensitive commercial information under the Act in Merck Frosst v. […]
Part 2: Freedom of Information From Osama To Ottawa
Even though our freedom of information legislation has not been thrust into the spotlight as violently as it did in the United States recently, we, as active citizens and civic participants, should take a closer look at our right to access information about governmental services in a timely and accurate fashion. Over the last few […]
Canada (Information Commissioner) v. Canada (Minister of National Defence): Democratic Governance, Transparency and Accountability or Executive Privilege?
In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, [2010] 1 S.C.R. 815, McLachlin C.J. and Abella J. hold that "[a]ccess to information in the hands of public institutions can increase transparency in government, contribute to an informed public, and enhance an open and democratic society. Some information in the hands of those institutions […]
Globe and Mail v Canada: Whistle(blow) While You Work
As it stands, 2010 has been an interesting year for members of the media and media lawyers who are interested in the legal dimensions of the relationship between a journalist and her source. In particular, the Supreme Court of Canada has weighed in on two different issues related to journalist-source privilege. Earlier this year, the […]