The Defendant appealed an Order requiring the Defendant to produce a briefing note sent by the Public Lands Appeal Board to the Minister of Environment and Parks. The Defendant argued that the briefing note was privileged under Rule 3.19.

The Court of Appeal dismissed the Appeal. The Court found that Rule 3.18 requires a tribunal subject to Judicial Review to provide its record, including the reasons for the challenged decision and anything relevant to the decision. In this case, the Court found that the administrative structure consisted of a recommending body (the Public Lands Appeal Board) and a deciding body (the Minister). This structure made it foundational that the contents of a recommendation from the Public Lands Appeal Board (the briefing note) be produced to the Plaintiff. The Court also found that the Public Lands Act, RSA 2000, c. P-40 (the “Act”) requires the Public Lands Appeal Board to submit a report to the Minister, including recommendations. The Court found that the Act intended for those recommendations to be disclosed to citizens and could therefore not be protected by privilege.