A stay of proceedings was ordered by the trial judge because of abusive conduct by government officials. The Ontario Provincial Police investigated the local police and the Crown attorney. It exonerated them of misconduct but did not give reasons for its decision. The Criminal Lawyers’ Association (CLA) made a request under the provincial Freedom of Information and Protection of Privacy Act for disclosure of the records relevant to the investigation. Some of these documents contained legal advice. The legislation exempted documents subject to solicitor–client privilege from disclosure. The legislation provided for a review to determine whether a compelling public interest in disclosure outweighs the reason from the exemption, but this review did not apply to the solicitor–client exemption. The CLA claimed that its right to freedom of expression under the Canadian Charter of Rights and Freedoms was breached because the solicitor–client privilege was not subject to the compelling public interest in disclosure. The Court of Appeal agreed with this position. This decision was appealed to the Supreme Court of Canada.

Should the Supreme Court reverse the decision of the Court of Appeal? Does s. 2(b) of the Charter guarantee access to all government documents? Should documents protected by solicitor–client privilege ever be disclosed because of the public interest?

Answer rating: 100% (QA)

This decision should be reversible because public interest is more compelling in this issue ... View the full answer