Report No. 88
In Canada, the rule (apart from a specific statute, to be presently mentioned)1 as laid down by the case law2 seems to be a liberal one. Most Canadian courts have followed the English decision in Conway v. Rimmer in regard to the subject of State interest, although occasionally a different approach is visible. From a survey of the judicial decisions in Canada, it would appear that at least in cases where there is no question of national security or international relations or cabinet confidence, the claim of privilege on the basis of State interest will be reviewable by the courts in Canad3-4.
1. Para. 10.26, infra.
2. See cases cited in Stanley Schiff Evidence in the Litigation Process, 1978, Vol. 2, p. 1069.
3. Barsbnell Crown Privilege, (1973) 51 Canadian Bar Rev 551.
4. Note Executive Privilege, (1975) 33 Univ. of Toronto Faculty Law Review 181.