Is there a Charter Right to Access Government Information?

Looking north, in the Dalhousie Law Journal, Vincent Kazmierski has an article entitled, “Something to Talk About: Is There a Charter Right to Access Government Information?” (Volume 31, Fall 2008)

The article’s abstract reads:

“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 these Charter rights. “

Something to talk about, indeed.

This entry was posted in Uncategorized by Erika Wayne. Bookmark the permalink.

About Erika Wayne

Erika V. Wayne is deputy library director and lecturer in law at Stanford Law School. Along with George Wilson, Kate Wilko and Paul Lomio, Erika Wayne has co-taught Advanced Legal Research for 3 years. Erika's interest in Open Access dates back to the 1996 when she helped in the development of the Securities Class Action Clearinghouse -- the first court designated internet site for public posting of securities litigation filings. And, she hates to pay for *anything* that should be free. She has a law degree from Penn and a library degree from Illinois.

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