Case information
Consult our database for details on a Supreme Court of Canada case.
40920
Karen Fraser, et al. v. Minister of Public Safety and Emergency Preparedness, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-04-12 | Close file on Leave | |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-225-21, 2023 FCA 167, dated July 27, 2023, is dismissed. Dismissed |
|
| 2024-02-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-10) | Karen Fraser |
| 2023-11-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-11-10, (Printed version filed on 2023-11-10) | Karen Fraser |
| 2023-11-02 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-06) | Minister of Public Safety and Emergency Preparedness |
| 2023-11-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-06) | Minister of Public Safety and Emergency Preparedness |
| 2023-11-02 | Notice of name, (Letter Form), (Printed version filed on 2023-11-06) | Minister of Public Safety and Emergency Preparedness |
| 2023-11-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-11-02, (Printed version due on 2023-11-09) | Minister of Public Safety and Emergency Preparedness |
| 2023-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2023-09-29 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-10-06) | Karen Fraser |
| 2023-09-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-10-06) | Karen Fraser |
| 2023-09-29 | Notice of name, (Letter Form), (Printed version due on 2023-10-06) | Karen Fraser |
| 2023-09-29 | Application for leave to appeal, (Book Form), 2 Volumes, Completed on: 2023-09-29, (Printed version due on 2023-10-06) | Karen Fraser |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Karen Fraser | Applicant | Active |
| Jennifer Sweet, Nicole Sweet, Kim Sweet, John Sweet, J. Robert Sweet, Charles Sweet, Patricia Corcoran, Ann Parker, Toronto Police Association, Doug French, Donna French, and Deborah Mahaffy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
| Correctional Service Canada | Respondent | Active |
| Parole Board of Canada | Respondent | Active |
| Craig Munro and Paul Bernardo | Respondent | Active |
Counsel
Party: Karen Fraser
Counsel
Marjan Delavar
20 Toronto Street, Suite 1400
Toronto, Ontario
M5C 2B8
Telephone: (416) 929-2200 Ext: 106
FAX: (416) 929-2192
Email: danson@drlitigators.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Jennifer Sweet, Nicole Sweet, Kim Sweet, John Sweet, J. Robert Sweet, Charles Sweet, Patricia Corcoran, Ann Parker, Toronto Police Association, Doug French, Donna French, and Deborah Mahaffy
Counsel
Marjan Delavar
20 Toronto Street, Suite 1400
Toronto, Ontario
M5C 2B8
Telephone: (416) 929-2200 Ext: 106
FAX: (416) 929-2192
Email: danson@drlitigators.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Minister of Public Safety and Emergency Preparedness
Counsel
Jacob Pollice
Adrian Zita-Bennett
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 964-6103
FAX: (416) 973-4328
Email: roy.lee@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 557
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Canada
Counsel
Jacob Pollice
Adrian Zita-Bennett
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 964-6103
FAX: (416) 973-4328
Email: roy.lee@justice.gc.ca
Agent
Suite 500
50 O'Conner Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 276-1871
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Correctional Service Canada
Counsel
Jacob Pollice
Adrian Zita-Bennett
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 964-6103
FAX: (416) 973-4328
Email: roy.lee@justice.gc.ca
Agent
Suite 500
50 O'Conner Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 276-1871
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Parole Board of Canada
Counsel
Jacob Pollice
Adrian Zita-Bennett
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 964-6103
FAX: (416) 973-4328
Email: roy.lee@justice.gc.ca
Agent
Suite 500
50 O'Conner Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 276-1871
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Craig Munro and Paul Bernardo
Counsel
Jacob Pollice
Adrian Zita-Bennett
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 964-6103
FAX: (416) 973-4328
Email: roy.lee@justice.gc.ca
Agent
Suite 500
50 O'Conner Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 276-1871
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Summary
Keywords
Charter of Rights and Freedoms — Freedom of expression — Access to information— Access to records held by Correctional Services Canada and Parole Board of Canada — When does open court principle apply to administrative tribunals — Should Parole Board be subject to open court principle as guaranteed by s. 2(b) of the Charter — What is the proper legal analysis under the Access to Information Act and the Privacy Act when weighing public interest in disclosure against invasion of privacy — Is public interest analysis fortified by s. 2(b) of the Charter or the open court principle — What is the correct interpretation of s. 44.1 of the Access to Information Act — What effect should s. 44.1 have on the standard of review applicable to the Federal Court of Appeal — Are provisions of the Corrections and Conditional Release Act, the Access to Information Act and the Privacy Act unconstitutional — Access to Information Act, R.S.C. 1985, c. A-1, Corrections and Conditional Release Act, S.C. 1992, c. 20, Privacy Act, R.S.C., 1985, c. P-21
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Members of the family of Constable Sweet, who was murdered by Mr. Munro, and the Toronto Police Association submitted applications under the Access to Information Act, R.S.C. 1985, c. A-1, for the release of Correctional Service of Canada and Parole Board records related to Mr. Munro. Members of the families of Ms. Leslie Mahaffy and Ms. Kristen French, who were murdered by Mr. Bernardo, submitted applications under the Access to Information Act for the release of Correctional Service of Canada and Parole Board records related to Mr. Bernardo. The disclosure requests were denied and the Information Commissioner affirmed the denials. The Federal Court dismissed applications for judicial review. The Federal Court of Appeal dismissed an appeal.
Lower court rulings
Federal Court
2021 FC 821
Applications for judicial review dismissed
Federal Court of Appeal
2023 FCA 167, A-225-21
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available