EVIDENCE
Motion for order compelling applicants to return confidential Cabinet document (briefing note) allegedly disclosed in error in underlying application for judicial review—Whether disclosure of briefing note inadvertent, whether inadvertent disclosure can be corrected by ex post facto issuance of Canada Evidence Act, s. 39 certificate— Motion denied—Decision to edit, release ministerial briefing note in legal proceeding by counsel with ostensible authority to do so not inadvertent—Canada Evidence Act, R.S.C., 1985, c. C‑5, s. 39 (as am. by S.C. 1992, c. 1, s. 144(F)).
Lax Kw’Alaams Indian Band v. Canada (Minister of Western Economic Diversification) (T‑1890‑05, 2006 FC 688, Barnes J., judgment dated 5/6/06, 16 pp.)
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