Supreme Court Of Canada Rules That Ford Government Mandate Letters Are Exempt From Disclosure

• Published date: 20 February 2024
• Law Firm: Torkin Manes LLP
• Author: Mr Roland Hung

On February 2, 2024, the Supreme Court of Canada ('SCC') ruled that Ontario Premier Doug Ford's mandate letters issued to his cabinet ministers in 2018 are exempt from public disclosure.¹

Under Ontario's Freedom of Information and Protection of Privacy Act ('FIPPA'), members of the public can receive access to documents under the control of public-sector institutions.² Examples of public-sector institutions include Ontario government ministries, colleges and universities. For a fee of $5, anyone can make a Freedom of Information ('FOI') request. However, FIPPA lists several exemptions for documents that cannot be disclosed. Specifically, Section 12(1) exempts provincial Cabinet records.

The SCC found that Section 12(1) applies to Premier Ford's mandate letters. This article will provide context surrounding the letters, trace the lengthy legal battle within our court system, and discuss the overall implications of such a decision.

Background

When Premier Ford's Progressive Conservative government first took office in 2018, 23 mandate letters were issued to each of his various Cabinet ministers. A mandate letter...