We will keep you informed of the court cases we are involved in.
One of the fundamental principles embedded in the Access to Information Act is that decisions on disclosure should be reviewed independently of government. A first level of review is done by us through our investigation process. A second level of review is available before the Federal Court for refusals.
We bring forward and intervene in court cases to defend or clarify important principles that underlie the fundamental right of access to government
information, while contributing to the development of jurisprudence that favours disclosure.
Court proceedings under the Act may be commenced in a number of instances:
When we conclude that a complaint is well founded and the institution does not act upon our formal recommendation to disclose records, we may, with the
complainant’s consent, seek judicial review by the Federal Court of the institution’s refusal.
When the complainant, upon receiving our investigation report, is not satisfied with the Commissioner’s findings, the complainant may seek a judicial
review of the institution’s refusal.
The Act also provides a mechanism by which a third party may apply for judicial review of an institution’s decision to disclose information that the
third party believes should be withheld.
We may also be involved in other types of proceedings:
We may seek leave to intervene in proceedings that relate to access to information.
We may be called upon to defend the Commissioner’s jurisdiction or powers.
This section includes summaries of cases that have been published in our annual reports as well as links to ongoing cases.