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Section 38 CEA application granted in part; non-disclosure confirmed but summaries disclosed under strict undertakings.
The Attorney General of Canada applied under s. 38.04 of the Canada Evidence Act for an order confirming the non-disclosure of redacted information in 10 documents related to Canada's relations with Kazakhstan.
The underlying proceedings involve an action for abuse of process brought by a Kazakh citizen facing deportation from Canada.
The Court found that the redacted information was relevant to the underlying proceeding and that full disclosure would be injurious to Canada's international relations.
However, balancing the public interest, the Court ordered that summaries of the material information be disclosed to counsel in the underlying action, subject to strict confidentiality undertakings.
