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Confidentiality vs. Transparency: The Supreme Court’s Stand on Mandate Letters
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The Supreme Court of Canada has really stirred the pot this time. The issue is whether mandate letters should be subject to disclosure. Mandate letters are instructions or views given to cabinet ministers by the leader of a government.
Sparked by CBC News' request for one collection of letters from 2018, the legal battle questioned their confidentiality. Ultimately, the Supreme Court reversed lower court rulings, emphasizing the importance of cabinet confidentiality for democracy and effective governance.
Gavin and Stephen Thiele explore the decision's implications, arguing it protects necessary government deliberation zones, akin to privacy in other professional realms. They critique the media's and opposition's transparency demands, suggesting such pressures could undermine responsible government by stifling free debate and decision-making within the cabinet.
Listen For:
1:13 The Impact on Democracy and Governance
6:34 Legal and Constitutional Framework
11:36 Media’s Role and Responsibility
17:07 Implications for Legal Scholarship
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Contact Us Gardiner Roberts website | Gavin email | Stephen email
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