What is the test for public interest immunity?
Nunavut, Canada
The following excerpt is from Nunavut (Department of Community and Government Services) v. Northern Transportation Company Ltd., 2011 NUCJ 4 (CanLII):
The Plaintiff relies on Peigan Indian Band v. Alberta, 1998 ABCA 206, [1998] A.J. No. 1467 [Peigan Indian Band] to argue that the public interest immunity is not limited to issues of national security and defence. In that case, the immunity was extended to water management issues.
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