The Attorney General of Canada appealed an order regarding the compellability of two witnesses and the disclosure of certain memoranda, asserting public interest immunity and deliberative secrecy under s. 37 of the Canada Evidence Act.
The Court of Appeal allowed the appeal in part, finding that while certain paragraphs of one memorandum contained statements of fact not covered by deliberative secrecy, the trial judge erred in finding the public interest in disclosure outweighed deliberative secrecy for the remaining information.
The court restricted the scope of questioning and excluded another memorandum from evidence entirely.
