SCC: Wide Swath Of Public Servants’ Records Can Be Shielded From Disclosure

In a unanimous ruling in John Doe v. Ontario (Finance), the Supreme Court of Canada found that the "advice or recommendations" exemption in Ontario's Freedom of Information and Protection of Privacy Act (FIPPA) should be broadly interpreted. The Supreme Court's ruling will limit the circumstances in which requesters will be able to access government records.

This case concerned records which were sought under FIPPA by an anonymous requester. The records, which related to the provincial government's decision to amend Ontario's corporate tax law retroactively, were created by public servants in the Ministry of Finance.

FIPPA provides a broad right of access to government information. FIPPA also provides for certain limited and specific exemptions to that broad right of access. These include a discretionary exemption relating to records that "would reveal advice or recommendations of a public servant." The Minister of Finance refused to disclose the records at issue