In what circumstances will a chambers judge grant a public interest immunity claim without listing the relevant documents?
British Columbia, Canada
The following excerpt is from Dudley v. British Columbia, 2016 BCCA 328 (CanLII):
In my respectful view, the parties ought not to have asked the chambers judge to rule on the public interest immunity claim without listing the documents. Public interest immunity claims must be asserted and assessed on a case-by-case basis. Competing interests such as those that arise in the case at bar must be carefully weighed, and the balancing exercise carried out in a fact-specific context: Imperial Oil v. Jacques, 2014 SCC 66 at paras. 82-83. As a consequence of the manner in which the parties proceeded, the chambers judge was put in the untenable position of attempting to resolve the public interest immunity claims in something approaching a factual vacuum.
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