PRACTICE |
Privilege |
Perera v. Canada
T-608-92
Hugessen J.
20/10/00
9 pp.
Motion seeking production of materials in possession of defendant to which latter has made claim of privilege of confidentiality--Materials sought result of voluntary self-identification of visible minorities employed by CIDA of which plaintiff also employee--Action itself claim for Charter-based relief founded upon allegation of discrimination, both personal, systemic--For period between 1985 and 1996, collection of data pursuant to government's employment equity policy--Claim for privilege for that period at common law, under Canada Evidence Act, s. 37--Exercise of balancing of interests, those which favour disclosure against those which favour maintenance of confidentiality, similar to what is mandated by s. 37--No discretion in Court to override Parliament's declaration of confidential nature of information provided contained in Employment Equity Act, s. 9(3)--Voluntary self-identification essential to proper functioning of employment equity--To reveal identities in breach of undertaking of confidentiality would be breach of trust--Unless s. 9(3) itself in breach of Charter, it must apply to Charter claims as to all others--For neither period should government disclose material in present form--Employment equity information collected by government relevant information for purposes of plaintiff's action, accordingly discoverable--Information in question to be protected, confidential--Voluntary self-identification materials in possession of Crown privileged, confidential, shall not be disclosed save as provided herein, as may be subsequently ordered--Motion dismissed--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44]--Canada Evidence Act, R.S.C., 1985, c. C-5, s. 37--Employment Equity Act, S.C. 1995, c. 44, s. 9(3).