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ARTICLE · 18 JUNE 2010

Supreme Court of Canada Creates Limited Right to Access Government Documents

Blake, Cassels & Graydon LLP
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The Supreme Court of Canada (the Court) has recognized a limited constitutional right to access government documents.

CanadaLitigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Copyright 2010, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Litigation & Dispute Resolution, June 2010

The Supreme Court of Canada (the Court) has recognized a limited constitutional right to access government documents. In the case of Ontario (Public Safety and Security) v. Criminal Lawyers' Association, which was released on June 17, 2010, the Court held that the scope of s. 2 (b) of the Charter (freedom of expression) includes a right to access government documents, but only where access is necessary to permit meaningful discussion. The Court did not elaborate on what would constitute meaningful discussion, and has left unanswered many other questions about when and how the constitutional right to access government information can be enforced.

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