Monday, November 14, 2011

Harper could violate constitution in CBC attack

CBC:

Parliament's top lawyer says Conservative MPs could be violating the Constitution if they force the CBC to turn over documents it says are protected under privacy law.

Parliamentary law clerk and counsel Rob Walsh says the move by Tory members of the access-to-information committee could end up in the courts, where he says their attempt is likely to fail.

Walsh says the bid to peek at the CBC's internal files clearly conflicts with a case now before the Federal Court of Appeal which pits the CBC against the information commissioner.

Writing in response to formal questions from the NDP, Walsh says the committee might consider the documents behind closed doors, but even then he fears a leak could compromise CBC's privacy rights and undermine the ongoing legal case.

He says nothing short of the courts' credibility and independence is at stake.

The matter, he warns, could well end up before a judge, where it is not likely to turn out well for those seeking the release.


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