The Criminal Lawyers' Association sought access to a police report and legal advice regarding an investigation into alleged police misconduct in a murder case.
The Minister refused disclosure under the law enforcement and solicitor-client privilege exemptions of the Freedom of Information and Protection of Privacy Act.
The CLA argued that the Act's failure to apply a public interest override to these exemptions violated freedom of expression under s. 2(b) of the Charter.
The Supreme Court of Canada held that s. 2(b) does not guarantee access to all government documents, but only where access is necessary for meaningful public discussion and does not encroach on protected privileges.
The Court found no Charter violation, as the exemptions themselves already incorporate public interest considerations.
The matter regarding the law enforcement exemption was remitted to the Commissioner for reconsideration of the Minister's exercise of discretion.
