If Courts adopted a similar line of reasoning, it is possible that they decide that other documentation might be considered equivalent to Mandate Letters to be subject to disclosure in the same way (i.e., if no Mandate Letters otherwise exist).

I also wonder how the Courts might respond of there were a challenge. In particular, I've been thinking of the "Ethyl case" related to "discussion papers" in the Cabinet confidences provision under the Access to Information Act.

@emmettmacfarlane.com On your view, what are the implications if you filter them through the statuatory obligations of s.73 of the Access to Information Act? I have seen a number of comments in which is it almost as though they aren't aware of that this requirement now exists.