The applicants challenged s. 65(5.7) of the Freedom of Information and Protection of Privacy Act (FIPPA), which excludes all records relating to abortion services, arguing it violated their s. 2(b) Charter right to freedom of expression by impeding meaningful public discussion.
The court found that the provision substantially impeded meaningful debate on a matter of public interest, establishing a prima facie breach of s. 2(b).
While the objective of protecting privacy and safety was pressing, the absolute exclusion of all records, including non-identifying statistical information, was not rationally connected, minimally impairing, or proportional to the objective.
The court declared s. 65(5.7) of FIPPA to be of no force or effect, suspending the declaration for 12 months to allow the legislature to enact remedial legislation.
