Freedom of Information: More Legal Action on the David Franklin Fracas
Richard Dearden, Freedom of Information Fighter
The Ottawa Citizen newpaper wants to know what issues are involved in the David Franklin/National Gallery of Canada court battle and it's initiating its own court battle to find out. Federal Court Deputy Judge Orville Frenette on Wednesday had ordered the permanent sealing of the file pertaining to Franklin's application for "a judicial review."
Paula McCooey of the Citizen reports:
Fight on, Fearsome Dearden! Citizens (and inquiring Citizen journalists) have a right to know.Citizen lawyer Richard Dearden [above] says the paper will be filing a motion seeking to unseal the file on the grounds that it infringes the open court principle and Charter guarantees of freedom of the press.
"This is a highly unusual order in that it orders that the registry return to counsel for the parties any and all documents filed in connection with the judicial review application," Mr. Dearden said, adding the media should have been given proper notice about the sealing of the documents so they would have had an opportunity to make arguments against the ban. "There was no need for absolute secrecy in this case."
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LEE ROSENBAUM
I'm a veteran cultural journalist who writes frequently for the Wall Street Journal's "Leisure & Arts" page. I've been a regular cultural contributor on New York Public Radio (WNYC). I've appeared as an art-market commentator on BBC-TV and have published numerous Op-Ed pieces in the New York Times and Los Angeles Times. I am author of The Complete Guide to Collecting Art (Knopf) and have lectured on cultural property issues at the New Acropolis Museum and the University of Pennsylvania, on deaccessioning at Columbia Law School, the University of Iowa and the annual conference of the Museum Association of New York, and on museum governance and cultural property issues at Seton Hall University. more
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