TORONTO — The Ontario Court of Appeal has dismissed an attempt by the provincial government to overturn an order requiring Premier Doug Ford’s government-related cellphone records to be reviewed for possible public release, reviving a long-running dispute over transparency and access to information laws.The decision stems from a years-long legal battle involving Global News, which sought access to records connected to calls made from Ford’s personal cellphone during November 2022, when the government decided to open portions of the protected Greenbelt to development..Earlier rulings from Ontario’s Information and Privacy Commissioner (IPC) and a divisional court concluded the premier used his personal device to conduct government business and ordered that relevant call records be provided to civil servants for review.After the divisional court ruling in January, the government announced plans to appeal. On May 19, however, the Ontario Court of Appeal dismissed the request for leave to appeal.A spokesperson for the premier’s office said the government was reviewing the court’s decision and considering its next steps.The appeal court’s decision reactivates an IPC order directing government staff to obtain the premier’s government-related call logs from his personal cellphone and determine which records fall under Ontario’s freedom of information laws.The IPC informed government officials Friday that the suspension on the order had been lifted following the failed appeal. Civil servants were instructed to obtain the records, assess which calls should be disclosed and issue a decision within 30 days.The case is complicated by changes to Ontario’s transparency legislation passed earlier this year through Bill 97, part of the provincial budget legislation. The amendments retroactively exempt the premier, cabinet ministers, political staff and parliamentary assistants from many access-to-information requirements.Critics of the changes have argued they weaken government transparency, while the government has maintained the amendments are necessary to protect privacy and cabinet confidentiality.Because the legislation applies retroactively, it could affect whether Ford’s cellphone records are ultimately subject to disclosure, even after the court ruling.The IPC said any future decision by the government to exempt the records from disclosure could itself be appealed through Ontario’s existing access-to-information process.
