Kelly v. Canada
T-1087-92
Reed J.
26/5/94
7 pp.
Claim by Correctional Investigator to declare evidence, to be given by witness called by plaintiff, inadmissible -- Claim based on Corrections and Conditional Release Act, s. 189 or alternatively, claim for public interest privilege under Canada Evidence Act, s. 37 -- Witness had previous conversations and communications as correctional investigator with plaintiff; matters relevant for purposes of litigation -- Witness could not be allowed to give evidence on ground disclosure of any information obtained by witness in course of previous employment would impair functioning of office of Correctional Investigator -- S. 189 only applying to investigations carried on by office of Correctional Investigator after s. 189 became operative in November 1992 -- Nothing in 1992 legislation making s. 189 operating retroactively so as to extend absolute immunity to investigations under earlier legislative scheme; thus, s. 189 not applicable herein -- Purpose of enacting s. 37 to answer criticisms associated with claims for absolute immunity based on class of information into which evidence fell -- No harm to public interest will ensue from allowing evidence to be given -- Motion dismissed -- Canada Evidence Act, R.S.C., 1985, c. C-5, s. 37 -- Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 189.