Monday, October 8, 2007

For law geeks: S.C.R. 66, 2003 SCC8

From the decision of the Supreme Court in the case of the Information Commissioner of Canada V. Commissioner of the Royal Canadian Mounted Police and Privacy Commissioner of Canada:

Paragraph 15 states in part,

"It is also noteworthy that s.2(1) indicates that it is a purpose of the Access Act to ensure that 'decisions on the disclosure of government information should be reviewed independently of government'. The absence of a privative clause is not determinative by itself (Canada (Director of Investigation and Research) v. Southam Inc., [1997] 1 S.C.R. 748). However, that factor, in conjunction with the explicit provision for the court to review refusals, and the importance ascribed by the Access Act to independent review, are indicative of a Parliamentary intention that the court have broad powers of review."