What is the standard of review of a Minister's refusal to disclose records on a standard of correctness?

Ontario, Canada


The following excerpt is from Ontario (Ministry of Northern Development and Mines) v. Mitchinson, 2004 CanLII 15009 (ON SCDC):

Importantly, although the court in Telezone reviewed the Minister’s refusal to disclose records on a standard of correctness, it was held at para. 40: … the fact that courts have applied a deferential standard of review under Ontario’s freedom of information statute (see, for example, John Doe v. Ontario (Information and Privacy Commissioner) (1993), 1993 CanLII 3388 (ON SCDC), 13 O.R. (3d) 767 (Div. Ct.)) has little relevance, if any, to the federal access statute because, as already noted, under the Ontario Act, the decisions being reviewed are those of the independent Information Commissioner, not of the institution head.

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