- Reaction score
Cloud Cover said:Sections 38 and 39 of the Canada Evidence Act allow the PCO to designate documents and other material as Cabinet Privileged ( by certificate). The certificate describes what the documents are, but not the content. Courts have very little sway over this- they can examine the certificate but not the documents.
We have no legal mechanism that if the highest, most powerful piece of our executive government was up to no good, that the judicial branch could intervene?
Wasn't the judge in the Norman case acting as the honest broker and reviewing documents that were covered by cabinet confidence to see what was relevant to the case and could be given to the defense?