Government to Appeal Privacy Decision

The government of Nova Scotia today applied to the Supreme Court of Canada for leave to appeal a Nova Scotia court decision on preserving cabinet confidentiality.

"All Canadian provinces and the government of Canada recognize the importance of keeping cabinet advice and deliberations confidential," said Justice Minister Michael Baker. "It is crucial to good decision-making for our citizens.

"How to protect that confidentiality while respecting freedom of information laws is an issue of concern not only to Nova Scotia, but to all other jurisdictions, said Mr. Baker. "That is why we feel this is appropriate for consideration by the Supreme Court of Canada."

The application relates to a recent Nova Scotia Court of Appeal decision on the O'Connor case. NDP chief of staff Dan O'Connor applied under the Freedom of Information and Protection of Privacy (FOIPOP) Act for access to information given to cabinet in early 2000 about a government review of its programs. Government responded by providing most of the information requested -- including 1133 pages of background information on 1128 programs. But the applicant appealed to the courts to get access to sections considered to be advice and recommendations to cabinet.

Under the Nova Scotia Court of Appeal decision, the government was required to release that advice and recommendations because the information was deemed to be background under the act and the decision of cabinet had already been implemented.

On Oct. 29, the province notified the Supreme Court of Canada that it would apply for leave to appeal. Today, it is filing the application. The court is expected to consider the merits of Nova Scotia's application over the next few months.