The appellant, a former Premier and Minister of Newfoundland, was subpoenaed to give oral and documentary evidence at an investigation by the Restrictive Trade Practices Commission into a corporation.
The appellant sought an injunction to prevent the subpoena, claiming Crown privilege, cabinet secrecy, and that he was not a compellable witness.
The Supreme Court of Canada held that a former minister does not have absolute testimonial immunity or blanket immunity from producing documents.
The Court affirmed the rule of relative immunity, holding that the courts, not the former minister, must determine whether specific disclosures would be injurious to the public interest.
