What is the basic right of a citizen or permanent resident of the United States to access the records of a Canadian citizen under section 4 of the Criminal Code?
Canada (Federal), Canada
The following excerpt is from AstraZeneca Canada Inc. v. Health Canada, 2005 FC 1451 (CanLII):
The basic right of every citizen or permanent resident, set forth in section 4, is to have access to "any record under the control of a government institution". The right recognized is part of the basis entitlement of citizens in a democratic and open society to know what their government knows and what it is doing with that knowledge. (see Dagg v. Canada (Minister of Finance) 1997 CanLII 358 (SCC), [1997] 2 S.C.R. 403 at 427-428).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for exclusion from section 97(1)(b)(iv) of the Canadian Human Rights Code when a state does not have capacity to provide adequate health care for its citizens who cannot afford to pay for it? (Canada (Federal), Canada)
Does a defendant have a constitutional right to seek personal counsel for a motion seeking to amend his criminal record under section 2255 of the Criminal Code? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code? (MultiRegion, United States of America)
What is the impact of a panel's decision not to grant a permanent resident's right of appeal against a determination that she failed to meet her residency obligation under section 28 of the Immigration Act? (Canada (Federal), Canada)
