As the above passage indicates, public interest immunity is most often asserted by the government, through Ministers of the Crown or senior public servants. Nevertheless, it is clear from the case law that, as in this case, other parties may rely on the doctrine: Carey v. Ontario, 1986 CanLII 7 (SCC), [1986] 2 S.C.R. 637 at 653. This appears to have been accepted by all parties in this matter.
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