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The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Abstract

On June 17, 2010, the Supreme Court of Canada released its long-awaited decision in Criminal Lawyers’ Assn. v. Ontario (Ministry of Public Safety and Security). The unanimous judgment of the Court, co-written by McLachlin C.J.C. and Abella J., is significant in that it recognizes, for the first time in Canada, that section 2(b) of the Charter protects a right to access government information. It remains to be seen, however, what impact the Criminal Lawyers’ Assn. decision will have from a practical perspective. The limited guidance provided by the Court is that there is a right to access information where it is “necessary to permit meaningful discussion on a matter of public interest”. In this article the author posits that having established a toehold in Canadian law, the scope of the right of access will necessarily expand over time.

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Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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