Can Cabinet Confidences be disclosed to the courts?
Newfoundland and Labrador, Canada
The following excerpt is from Newfoundland and Labrador Liquor Corporation (Re), 2008 CanLII 31397 (NL IPC):
La Forest J specifically considered “Cabinet Confidences” in Carey v. Ontario 1986 CanLII 7 (SCC), [1986] 2 S.C.R. 637, and at paragraph 79 stated as follows: Cabinet documents like other evidence must be disclosed unless such disclosure would interfere with the public interest. The fact that such documents concern the decision-making process at the highest level of government cannot, however, be ignored. Courts must proceed with caution in having them produced. But the level of the decision-making process concerned is only one of many variables to be taken into account. The nature of the policy concerned and the particular contents of the documents are, I would have thought, even more important.
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