Canadian Newspapers Co. v. Manitoba, (1986) 39 Man.R.(2d) 161 (CA)

• Judge: Monnin, C.J.M., Huband and Twaddle, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 31, 1986
• Jurisdiction: Manitoba
• Citations: (1986), 39 Man.R.(2d) 161 (CA)

Cdn. Newspapers Co. v. Man. (1986), 39 Man.R.(2d) 161 (CA)

MLB headnote and full text

Canadian Newspapers Company Limited v. Government of Manitoba

(Suit No. 498/85)

Indexed As: Canadian Newspapers Co. v. Manitoba

Manitoba Court of Appeal

Monnin, C.J.M., Huband and Twaddle, JJ.A.

February 17, 1986.

Summary:

Canadian Newspapers Company Limited applied for a declaration that offers of compensation issued pursuant to s. 16 of the Expropriation Act were public records and open to inspection by the public and for an order to allow a Winnipeg Free Press reporter to inspect copies of certain offers of compensation.

The Manitoba Court of Queen's Bench, in a decision reported in 37 Man.R.(2d) 117, granted the orders requested. The Government of Manitoba appealed.

The Manitoba Court of Appeal allowed the appeal and held that s. 16 offers of compensation were not public records and were not open to inspection by the public.

Crown - Topic 7103

Public documents - Examination of - Public documents - What constitutes - The Manitoba Court of Appeal held that offers of compensation issued pursuant to s. 16 of the Expropriation Act were not public records and were not open to inspection by members of the public - See paragraphs 17 to 22.

Crown - Topic 7105

Public documents - Examination of - Common law right to inspect public documents - Judicial records - The Manitoba Court of Appeal held that in Canada the general rule is that any member of the public has a right of access to judicial records - See paragraph 7.

Crown - Topic 7105

Public documents - Examination of - Common law right to inspect public documents - Non-judicial documents - The Manitoba Court of Appeal held that there is no general right enabling members of the public without special interest to inspect public records and public documents - The court held that the right may, however, exist when and to the extent provided by statute and with respect to documents memorial in character and even current records in which the party seeking inspection has an interest - See paragraph 17.

Crown - Topic 7108

Public documents - Examination of - Documents open to inspection - Offers of compensation for expropriation - The Manitoba Court of Appeal held that offers of compensation issued pursuant to s. 16 of the Expropriation Act were not public records and were not open to inspection by members of the public - See paragraphs 17 to 22.

Cases Noticed:

MacIntyre v. Attorney General of Nova Scotia (1982), 40 N.R. 181; 49 N.S.R.(2d) 609; 96 A.P.R. 609 (S.C.C.), consd. [para. 5].

The King v. Justices of Leicester (1825), 4 B. & C. 891; 107 E.R. 1290, consd. [para. 6].

The King v. Justices of Staffordshire (1836), 6 A. & E. 84; 112 E.R. 33, refd to. [para. 6].

McPherson v. McPherson, [1936] A.C. 177 (P.C.), refd to. [para. 7].

Rex v. Guardians of Great Faringdon (1829), 9 B. & C. 541; 109 E.R. 202, consd. [para. 9].

R. v. Barnes Corpn., ex parte Conlan, [1938] 3 All E.R. 226, consd. [para. 9].

Legatt v. Tollervey (1811), 14 East 302; 104 E.R. 617, refd to. [para. 10].

Clement v. Graham (1906), 63 A. 146, refd to. [para. 14].

Moore v. Board of the County of Mercer (1962), 184 A.R.(2d) 748 (New Jersey S.C., App. Div.), refd to. [para. 15].

Sturla v. Freccia (1880), 5 App. Cas. 623, refd to. [para. 20].

Core Industries Ltd. v. Manitoba, Province of (1982), 21 Man.R.(2d) 36; 26 L.C.R. 382, consd. [para. 39].

Statutes Noticed:

Expropriation Act, S.M. 1970, c. 78; C.C.S.M., c. E-190, sect. 4(4), sect. 10(1) [para. 40]; sect. 16 [paras. 1-3, 18-21, 23, 28, 31, 33, 44, 47, 50-51]; sect. 16(1.1) [para. 34]; sect. 16(1.2) [para. 35]; sect. 16(1.3) [para. 36]; sect. 16(1.4) [para. 37]; sect. 16(2) [para. 38].

Legislative Library Act, R.S.M. 1970, c. L-120; C.C.S.M., c. L-120, sect. 2(f) [para. 26]; sect. 10(2) [para. 27]; sect. 10(3) [para. 29].

Authors and Works Noticed:

Taylor on Evidence (12th Ed.), paras. 1488 [para. 5]; 1493 [para. 8].

Halsbury's Laws of England (4th Ed.), vol. 1, para. 97 [para. 8].

Bouvinot's Parliamentary Procedure (4th Ed.), p. 246 [para. 15].

Counsel:

W.G. McFetridge, for the appellant;

K.B. Foster, Q.C., and J.B. Kroft, for the respondent.

This appeal was heard before Monnin, C.J.M, Huband and Twaddle, JJ.A., of the Manitoba Court of Appeal on January 31, 1986. The decision of the Court of Appeal was delivered on February 17, 1986, when the following opinions were filed:

Twaddle, J.A. - see paragraphs 1 to 22;

Monnin, C.J.M. - see paragraphs 23 to 52.

Huband, J.A., concurred with Twaddle, J.A.