I agree with the Crown that in the trial judge’s decision and in argument before her, no distinction was made between the privilege associated with opinions and legal advice from the DOJ to the CCRA and with opinions and advice in internal DOJ communications. It appears to have been correctly accepted by the trial judge, however, that both types of advice were privileged: Idziak v. Canada (Minister of Justice), 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631.
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