November 22, 2016
The Criminal Lawyers Association (CLA) succeeded recently in an 18-year-long legal battle with the Ontario provincial government in relation to the release of parts of a report that detailed police conduct in a 1998 murder investigation. The Ontario Divisional Court ordered the reopening of a CLA appeal that the province’s Privacy Commissioner had closed despite finding the Ministry of Community Safety and Correctional Service had improperly withheld the report on three occasions. The Law Times asked Senior Associate and privacy expert Molly Reynolds for comment on how the case will inform the discussion on enforcement and privacy issues. Below is an excerpt from the article.
Molly Reynolds, a lawyer with Torys LLP who was not involved in the case, says the case reinforces whether regulators such as the Privacy Commissioner should be given more enforcement powers, to make parties pay fines for non-compliance.
She also says it taps into a discussion in the privacy and access to information area about the extent to which “exemptions from disclosure in federal and provincial access to information legislation can and should override the principle of public access to records of public bodies and government agencies.”
For the full article, click here.