The respondents, staff lawyers with the federal Department of Justice, sued the federal Crown for breach of contract regarding salary disparities.
During discovery, the government claimed Cabinet confidentiality over certain documents under s. 39 of the Canada Evidence Act, including some previously listed as producible.
The Supreme Court of Canada held that s. 39 provides absolute protection once information is validly certified by the Clerk of the Privy Council, and the common law concept of waiver does not apply.
The Court also upheld the constitutionality of s. 39, finding it does not impermissibly infringe on the core jurisdiction of superior courts or unwritten constitutional principles.
