|
 |
| |
Legal Panel:
Democracy, the Right to Information and the Role of Legislation
Vincent Kazmierski,
Assistant Professor and Undergraduate Supervisor of Carleton University’s Department of Law, author
-
Something to Talk About: Is There a Charter Right to Access Government Infromation? (Dalhousie Law Journal, 2009)
Can sections 2(b) and 3 of the Canadian Charter of Rights and Freedoms be interpreted to protect a constitutional right of access to government information? The author argues that the constitutional principle of democracy provides a foundation for judicial recognition of such a constitutional right of access even though the inclusion of an explicit right to access to government information was rejected during the process of drafting the Charter. Given that the Supreme Court of Canada’s section 2(b) and 3 jurisprudence has been informed by the principle of democracy, the application of the principle may now guide the Court to include protection of access to government information in its evolving interpretation of those Charter rights. Finally, a hypothetical case is considered in order to outline ways in which a constitutional right to access may be justifiably limited.
Amir Attaran, University of Ottawa Associate Law Professor and Canada Research Chair, Population Heath and Global Development Policy
-
Note: This document was presented as part of Professor Attaran’s contribution to the Right to Know legal panel discussion. Prior to his presentation, the speaker advised the audience that some photos contained in the document may be disturbing to viewers.
David T. S. Fraser,
Chairman of the Canadian Bar Association’s Privacy and Access Law Section (Halifax)
-
Access to Information Act
Reform:
As part of his contribution to the legal panel, David Fraser discussed the CBA’s position with respect to proposed changes to the Access to Information Act as presented in May 2009 in a
submission to the House of Commons Standing Committee on Access to Information, Privacy and Ethics.
-
Diane Therrien,
Counsel,
Office of the Information Commissioner of
Canada
|
|
