PRACTICE |
Discovery |
Production of Documents |
Doe v. Canada
T-1114-02
2003 FC 1014, Lemieux J.
29/8/03
5 pp.
Appeal from Prothonotary's decision dismissing motion for order requiring defendant, Her Majesty the Queen (HMQ), to produce documents over which HMQ claimed privilege-- Pursuant to Canada Evidence Act, s. 38.03, Attorney General of Canada (AG) authorized disclosure of following facts: (1) notice provided to AG pursuant to s. 38.01; (2) pursuant to s. 38.03, AG did not authorize disclosure of nine documents; and (3) AG would be making application to Federal Court pursuant to s. 38.04--Privilege claimed by HMQ reflects wording of definition of "sensitive information" appearing in s. 38--Canada Evidence Act, s. 38 (as amended by Anti-terrorism Act) covering instance, not former Canada Evidence Act, ss. 37, 38--Prothonotary's decision not discretionary-- Rather, Prothonotary's decision involves questions of law in respect of which he had to render correct decision--Clearly, decision correct in law--No substance to submission scope of new s. 38 limited to privilege claims involving terrorism-- Appeal dismissed--Canada Evidence Act, R.S.C., 1985, c, C-5, ss. 38.01 (as enacted by S.C. 2001, c. 41, s. 43), 38.03 (as enacted idem), 38.04 (as enacted idem)--Anti-terrorism Act, S.C. 2001, c. 41.