Public access to government information in Canada is defined by the laws at a federal, provincial and municipal level that assert public rights to disclosure. There are many exceptions to these rights and, more than three decades into the laws, there are few legal precedents to clarify the degree of rights.
For journalists, these laws fuel conduct in the field. They guide the degree to which journalists can claim records should be publicly disclosed. Canada's laws are largely considered outmoded in an era of greater pressure for institutional electronic release of records.
This week the Supreme Court of Canada declined to pronounce freedom of information as a constitutional right. Chief Justice Beverly McLachlin and Justice Rosalie Abella wrote in their decision that there is no "general right" to access to information.
The ruling does leave open the possibility to strengthen rights, though. It said future appeals might be able to argue that certain suppression of information constitutes an abrogation of free speech rights under the Charter of Rights and Freedoms.
For journalists, these laws fuel conduct in the field. They guide the degree to which journalists can claim records should be publicly disclosed. Canada's laws are largely considered outmoded in an era of greater pressure for institutional electronic release of records.
This week the Supreme Court of Canada declined to pronounce freedom of information as a constitutional right. Chief Justice Beverly McLachlin and Justice Rosalie Abella wrote in their decision that there is no "general right" to access to information.
The ruling does leave open the possibility to strengthen rights, though. It said future appeals might be able to argue that certain suppression of information constitutes an abrogation of free speech rights under the Charter of Rights and Freedoms.
