What is the test for allowing evidence of legislative papers to be introduced into evidence on appeal?

British Columbia, Canada


The following excerpt is from Yellow Cab Company Ltd. v. Passenger Transportation Board, 2014 BCCA 329 (CanLII):

The fact that the papers deal with “legislative” as opposed to “adjudicative” facts does not mean that they can be freely introduced into evidence on appeal. In Public School Boards’ Assn. of Alberta v. Alberta (Attorney General), 2000 SCC 2, Binnie J. (in chambers) held that the test enunciated in Palmer v. The Queen, 1979 CanLII 8 (SCC), [1980] 1 S.C.R. 759 applies to evidence of legislative facts:

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