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ARTICLE · 13 MAY 2014

Supreme Court Of Canada: Limits On Government Disclosure Include Policy Options

Dentons Canada LLP
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The Supreme Court issued a unanimous decision that outlines the parameters on the ability of the public to access information under Ontario’s FIPPA.

CanadaLitigation, Mediation & Arbitration
Liane Fong
Liane Fong
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On Friday, the Supreme Court of Canada ("SCC") issued a unanimous decision in John Doe v. Ontario (Finance), 2014 SCC 36 that outlines the parameters on the ability of the public to access information under Ontario's Freedom of Information and Protection of Privacy Act ("FIPPA") that is prepared for the purposes of informing the deliberative processes of government bodies.

In sheltering draft policy options from public access by fitting it within an exemption for "advice or recommendations" prepared for a public institution, Canada's highest court provided helpful discussion on where the presumption for public right of access to government information will butt up against the boundaries of the goal of preserving space for public servants or consultants to produce "full, free and frank advice".

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