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ARTICLE · 27 FEBRUARY 2024

Supreme Court Finds The Premier's Mandate Letters Exempt From Disclosure

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In ruling that the Ontario government is not required to turn over Cabinet mandate letters, the Supreme Court of Canada has adopted a broad and expansive view of Cabinet confidentiality.

CanadaLitigation, Mediation & Arbitration
Robert Staley
Robert Staley
Douglas Fenton
Douglas Fenton
Miranda Cooper
Miranda Cooper
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In ruling that the Ontario government is not required to turn over Cabinet mandate letters, the Supreme Court of Canada has adopted a broad and expansive view of Cabinet confidentiality. The Supreme Court's decision brings clarity to not only the scope of protection afforded to Cabinet records under freedom of information legislation, but more broadly to the constitutional sanctity of Cabinet secrecy.

Background

At issue in Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4 (IPC) was a request by the CBC for disclosure of mandate letters prepared by the Premier of Ontario on taking office in 2018. The letters identified the priority policy initiatives the Premier expected Cabinet ministers to pursue during their tenure.

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