LE DROIT A L'INFORMATION GOUVERNEMENTALE: L'INTERPRETATION RESTRICTIVE DES EXCEPTIONS S'IMPOSE-T-ELLE TOUJOURS COMME LA BONNE?

Authors

  • DENIS C KRATCHANOV

Abstract

Since the come into force in 1983, (Access to Information Act and the Privacy Act), the Federal Court of Canada has generally favoured a restrictive interpretation of the exemptions to the right to information that these Acts provide. This case comment draws attention to the fact that the Supreme Court of Canada has adopted a different perspective for looking at exemptions to the right of access . This approach,first manifesting subtly, has become more apparent in the most recent decisions of the Court in this area. Far from questioning the basis for the existence of the right to government information, the Supreme Court rather appears to be recognizing the healthy tension and the difficult balance that inherently exist between this right and the exemptions that come with it.

Keywords:

Constitutional Law

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Published

2003-08-01

Issue

Section

Legal Commentary

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