What is the test for a warden to maintain confidentiality of information?
British Columbia, Canada
The following excerpt is from Spidel v. Ferndale Institution (Warden), 2011 BCSC 403 (CanLII):
In considering any claim by the warden to maintain the confidentiality of information, I am obliged to take into account the need to balance the considerations discussed in Athwal in the context in which the decision was made and to bear in mind the concerns expressed in Bachynski v. William Head Institution where the court held in para. 37: Courts must always be vigilant in protecting the individual rights of an inmate who is dealt with in an unreasonable manner. On the other hand, we should realize the difficult situations that confront prison officials.
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