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Motion for document production in a national security review challenge largely dismissed due to Rule 317 limits and valid section 39 certificate.
In an application for judicial review of a Governor in Council order under the Investment Canada Act requiring the divestment or winding up of a Canadian business on national security grounds, the applicants brought a motion for documentary production.
They sought documents before the Minister prior to the referral to the GiC under Rule 317, and challenged a section 39 Canada Evidence Act certificate protecting Cabinet confidences before the GiC.
The Court dismissed the Rule 317 request as it improperly sought documents from a decision-maker whose decision was not under review.
The Court set aside one item in the section 39 certificate for an insufficient description but upheld the remainder of the certificate, finding no improper exercise of power.
