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Judicial review dismissed; Parole Board refusal to disclose hearing records upheld under privacy laws.
The applicants (families of victims and the CBC) sought judicial review of decisions by the Parole Board of Canada and the Correctional Service of Canada denying requests under the Access to Information Act and the Open Court Principle for disclosure of complete parole and prison files, as well as audio recordings of parole hearings, concerning two incarcerated individuals.
The Court held that Parole Board hearings are inquisitorial, not judicial or quasi-judicial, and thus the Open Court Principle did not mandate the disclosure sought.
The Court further found that the administrative decisions to withhold the information were reasonable, as they appropriately balanced the statutory objectives with the inmates' privacy interests and the public interest.
