Sierra Club of Canada v Canada (Minister of Finance)

Sierra Club of Canada v Canada (Minister of Finance) is a Supreme Court of Canada decision, which was reached in 2002, when a Non-Governmental Organization (or "NGO") sought judicial review of the federal government’s decision to provide financial assistance to a Crown corporation (in this case, for the sale of nuclear reactors and construction thereof).

The proper analytical approach to be applied to exercise of judicial discretion where a litigant seeks confidentiality order is now known as the Sierra Club test.

[1] Three important elements are subsumed under the first branch of the test.

First, the risk must be real and substantial, well grounded in evidence, posing a serious threat to the commercial interest in question.

Finally, the judge is required to consider not only whether reasonable alternatives are available to such an order but also to restrict the order as much as is reasonably possible while preserving the commercial interest in question.Under the second branch of the test, the confidentiality order would have significant salutary effects on the affected party's right to a fair trial.This article about Canadian law is a stub.