A1.602 Historical rule

Privilege as to production of documents

A1.602 Historical rule

Where the head of a public department or other similar state official, or any responsible officer acting under his instructions or with his consent, objects that documents contain information which it is contrary to public interest to disclose, Crown privilege (or public interest immunity) may be claimed. A Minister's certificate that disclosure of a class of documents, or the contents of particular documents, would be injurious to the public interest is not conclusive1.

The court has jurisdiction to order the disclosure of documents since it is the right and duty

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