East Coast Environmental Law

View Original

McLaughlin v. Halifax-Dartmouth Bridge Commission, 1993 NSCA 202 (CanLII)

This case was heard in the Nova Scotia Court of Appeal.

In 1993, a reporter with the Daily News applied to the Halifax-Dartmouth Bridge Commission for copies of the minutes of every meeting held in 1969 and 1973, as well as some other documents concerning the Commission’s finances. The Bridge Commission denied the reporter’s request. Relying on Nova Scotia’s Freedom of Information Act, the reporter appealed to the Supreme Court of Nova Scotia. The Supreme Court of Nova Scotia dismissed his appeal, holding that the relevant sections of the Freedom of Information Act only applied to government, government “departments,” “servants of the crown,” and “public officers,” and that the Bridge Commission and its members did not fall under those categories. The reporter appealed to the Nova Scotia Court of Appeal, which set aside the decision of the lower court. In the view of the Court of Appeal, the Bridge Commission was, “in effect, an arm of government,” and, as such, was bound by the laws laid out in the Freedom of Information Act.

To read about earlier decisions related to this case, go to McLaughlin v. Halifax-Dartmouth Bridge Commission, 1993 CanLII 4542 (NS SC) and McLaughlin v. Halifax-Dartmouth Bridge Commission, 1993 CanLII 4697 (NS SC)

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/1993/1993canlii3116/1993canlii3116.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.