Can a judge be compelled to testify regarding their deliberative deliberations?

Northwest Territories, Canada


The following excerpt is from Commission Scolaire Francophone c. Territoires du Nord-Ouest (Procureur Général), 2012 NWTSC 44 (CanLII):

Deliberative secrecy privilege of is well established: a judge cannot be compelled to testify regarding his or her decision-making process. The courts have granted similar protection to members of administrative tribunals. Even if deliberative secrecy is not the same for administrative tribunals as for courts of law, secrecy remains the rule and can be lifted only when the party wishing to do so can present valid reasons for believing that the process followed did not comply with the rules of natural justice. Tremblay v. Quebec (Commission des affaires sociales), 1992 CanLII 1135 (SCC), [1992] 1 S.C.R. 952, p. 965.

Other Questions


In what circumstances will a judge make a child support order retroactive to the date of the date the Respondent's first child was born? (Northwest Territories, Canada)
What is the impact of the independent assessment process for individual claims of abuse and its administration by Canada? (Northwest Territories, Canada)
Can a municipality pass a by-law to open and maintain a temporary road? (Northwest Territories, Canada)
What is the definition of “obstructing”? (Northwest Territories, Canada)
In what circumstances will the court award solicitor and client costs? (Northwest Territories, Canada)
What is retroactive support for a child for a period pre-dating the filing of a court application or claim for support? (Northwest Territories, Canada)
What is the limitation period for determining when a cause of action arose? (Northwest Territories, Canada)
What factors must a court consider in its consideration of a spousal support application? (Northwest Territories, Canada)
What is the legal test for a party to be released from an undertaking? (Northwest Territories, Canada)
What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education? (Northwest Territories, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.