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  • Archives for Nova Scotia Supreme Court (3)

South West Shore Development Authority (SWSDA) tosses reporter from closed meeting

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Published on: February 20, 2009

SWSDA tosses reporter from meeting…
Shelburne County Today
18feb2009

Despite the recent ruling by the Nova Scotia Supreme Court that the South West Shore Development Authority (SWSDA) was a public agency according to the laws of the Province and despite protests by several member politicians, CEO Frank Anderson had the Shelburne RCMP escort SCT editor and publisher Timothy Gillespie from the Shelburne meeting of the agency in Shelburne early Wednesday morning.

Anderson told Gillespie that, despite the court ruling, he considered the meeting a “private” one and not open to the public or the media. In a November, 2008 decision, Supreme Court Justice Suzanne Hood determined that, because its membership is comprised almost exclusively of elected officials and the agency’s funding is almost exclusively from public funds, SWSDA is a “municipal body” and should not be exempt from legislation controlling their actions.

One SWSDA member reported that the board of directors decided at the meeting that the agency was obliged to conform to Freedom of Information requests as “municipal agency”, but determined that they were not subject to public meeting legislation. “In light of the court’s recent ruling,” said an authority on the governing legislation,” that is a patently absurd and dangerous conclusion. All of the municipalities which comprise SWSDA are now subject to almost certain legal action in the courts and to all of the costs and bad publicity that will entail.”


FULL ARTICLE

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NS Court: WCB must name firms with most injuries

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Published on: December 9, 2008

The Chronicle HeraldImage via Wikipedia

Court: WCB must name firms with most injuries

By KELLY SHIERS Staff Reporter

Tue. Dec 9 – 2:55 PM

Nova Scotians have the right to know which workplaces in the province have experienced the highest number of injuries, the Nova Scotia Supreme Court has ruled.

The Chronicle-Herald has been battling to name those companies since Feb. 2007, when it asked the Workers Compensation Board to identify the 25 companies that reported the most accidents and injuries in 2004, 2005 and 2006.

This newspaper was forced to go to Nova Scotia Supreme Court to obtain the information after the WCB defied a decision by the province’s top freedom of information watchdog to release the names.

“I accept that the disclosure of the names of the 25 employers with the most workplace accidents could embarrass them,” Justice Gregory Warner wrote in a decision released Tuesday. “It should only stigmatize them if they can improve their safety record and do not do so.”

Justice Warner said he rejected the argument that the embarrassment would be permanent, or long term.

“On the contrary, disclosure should encourage a workplace with a comparatively poor safety record to improve its safety record.

( kshiers@herald.ca)


FULL ARTICLE: <http://thechronicleherald.ca/Front/9009749.html>


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Right to Know Coalition NS pleased with court decision

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Published on: November 27, 2008

Right to Know pleased with court decision

By KELLY SHIERS Staff Reporter

Thu. Nov 27 – 5:53 AM

An advocacy group is heralding a Nova Scotia Supreme Court decision that the South West Shore Regional Development Authority [SWSDA] is a public body subject to the province’s Freedom of Information Act.

“We’re very pleased,” said Darce Fardy

DarceDarce Fardy RTKCNS President – Image via Wikipedia

, president of the Right to Know Coalition of Nova Scotia.

“It’s important because regional development authorities have great influence on what’s happening in their communities and they’re publicly funded.

“To have them feel that they’re unaccountable to the public that they’re serving and using public funds to do it, that they’re not going to be open and accountable, . . . for me, I’m not a lawyer, I just said that doesn’t make sense.”

The coalition became involved in the legal wrangling when the South West Shore Regional Development Authority turned down an individual’s request for records, citing, among its reasons, that the Freedom of Information and Protection of Privacy Act doesn’t apply to it, Mr. Fardy said.

When that person asked the court to review that finding, the Right to Know Coalition intervened.

An authority spokesman could not be reached Wednesday evening.

( kshiers@herald.ca)

Inserted from <http://thechronicleherald.ca/NovaScotia/1092836.html>


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..others bemoan public apathy and the declining participation in the electoral process and civic affairs, which many believe is related to increased cynicism toward and distrust of the integrity of our national institutions and processes. Many are also concerned about the increasingly sophisticated efforts to manipulate public opinion and to selectively control information relevant to collective decision making in a democracy. - Al Gore from 'Assault on Reason'
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