Supreme Court

Summary: During earlier arguments regarding scope of disclosure of documents, the Government had claimed a public interest immunity in two documents. Court had ruled that the document with operational decisions of the government as its subject matter was producible, but that the document which was a draft of a proposed order was not producible. Counsel sought to re-argue the matter and have court reconsider its earlier decision in light of new evidence that showed that the two documents were originally attached together. While the court recognized this issue falls under the common law relating to public interest immunity, it found it helpful to draw an analogy between draft legislation, for which there is immunity under the Canada Evidence Act, and this draft proposed order. Court held the documents that were once attached were severable. The document of operational matters remained producible, while the draft proposed order remained not producible
Abstract: Request to reconsider earlier ruling
Decision: Earlier ruling upheld
Subjects: Civil procedure - Appeals - Re-argument
Evidence (Civil) - Privilege - Confidential communications generally