EVIDENCE
Appeal from Federal Court decision ([2008] 1 F.C.R. 547) ordering disclosure of descriptive summary of certain documents—Per Létourneau J.A.: (1) Some discrepancies between conclusion on release, what is effectively released error of fact requiring correction—(2) Where appellant disagreeing with disclosure decision, appropriate to bring motion to reconsider pursuant to Federal Courts Rules, SOR/98‑106, r. 397—(3) Judge must determine relevance of evidence, not simply accept Crown’s assessment—(4) Statement “open to respondent to provide evidence as to what publicly disclosed abroad” not putting burden on respondent to show absence of injury to national security, defence or international relations—(5) For meaningful review of information sought, judge must be informed of intended defence or given worthwhile information—Respondent must live with consequences of choosing not to participate—Per Pelletier J.A.: Information mistakenly included in document descriptions—Properly subject of motion to reconsider.
Canada (Attorney General) v. Khawaja (DESA‑1‑07, 2007 FCA 342, Létourneau and Pelletier JJ.A., judgment dated 31/10/07, 20 pp.)