The defendant submits these decisions continue to apply in the circumstances of inadvertent disclosure of confidential information. It further submits that the post-Babcock decision of Bruyere v. Her Majesty the Queen (20 April 2004), Ottawa T-423-99 (F.C.), where a “leaked” document that had been certified under s. 39 was held inadmissible in a proceeding, supports this position.
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