What is the test for deliberate secrecy in the adjudication process?

Nova Scotia, Canada


The following excerpt is from Cherubini Metal Works Ltd. v. Nova Scotia (Attorney General), 2007 NSCA 37 (CanLII):

At the core of the principle is protection of the substance of the matters decided and the decision-maker’s thinking with respect to such matters: Tremblay v. Quebec (Commission des affaires sociales),1992 CanLII 1135 (SCC), [1992] 1 S.C.R. 952 at 964-65. Deliberative secrecy also extends to the administrative aspects of the decision-making process - at least those matters which directly affect adjudication – such as the assignment of adjudicators to particular cases: MacKeigan v. Hickman, 1989 CanLII 39 (SCC), [1989] 2 S.C.R. 788 per McLachlin J (as she then was) at 831-33.

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