N.S. Appeals O’Connor Ruling

The Government of Nova Scotia will appeal a Supreme Court ruling that could compromise the provision of confidential advice to Cabinet, Justice Minister Michael Baker announced today.

"We feel very strongly about the need to protect good, frank and straightforward advice to the government at the highest level," Mr. Baker said. "It is an important principle, and one that is worth fighting for."

The appeal relates to a Jan. 12 decision by the Supreme Court of Nova Scotia on an application under the Freedom of Information and Protection of Privacy Act. An NDP researcher, Dan O’Connor, applied for full details on the government''s Program Analysis and Options exercise.

A public report on the 1,128 programs in the PAO inventory was published last June and government subsequently released further factual and financial details. O’Connor filed a Supreme Court application in October asking for access to the advice and analysis provided to Cabinet.

Justice Michael MacDonald ruled that releasing full details of the ongoing PAO exercise would risk the orderly process of government. However, he ordered release of information, including advice and analysis to Cabinet, on 86 programs deemed to be eliminated.

Mr. Baker said the government will comply with the judge’s ruling and release the information for all but one program, which will be used as the point of principle for the appeal.

"This is about the principle of protecting cabinet confidentiality, not about this specific information," Mr. Baker said.

"All governments need frank advice and discussion on issues that are important to Nova Scotians. That’s how good policy is made."

Cabinet documents are restricted from release throughout the Commonwealth to preserve the confidentiality considered important to the governing process. Some jurisdictions, including the Government of Canada, do not allow the release of any portion of Cabinet documents, at any time. Others put a time limit on their release, and Nova Scotia has among the earliest release provisions of all Canadian provinces.

The notice of appeal was filed Monday, along with an application for a stay in relation to one program.