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Constitutional Law

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Schulich School of Law, Dalhousie University

Dalhousie Law Journal

2008

Constitutional law

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Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski Oct 2008

Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski

Dalhousie Law Journal

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 ofan 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 …