Windstream Energy LLC v. Government of Canada, UNCITRAL, Procedural Order No. 4 (February 23, 2015)
Pursuant to Sections 4.2 and 16.1 of Procedural Order No. l dated 16 September 2013 (as amended), the Tribunal issues the following Procedural Order.
1 Procedural background
1.1 On 20 January 2015, the Respondent submitted its Counter-Memorial in these proceedings. In a letter to the Tribunal accompanying the submission, the Respondent argued that the Claimant in its written submissions had "inappropriately relied upon information that is protected from use in legal proceedings by Parliamentary privilege." The Respondent indicated that it would be bringing a motion shortly for an order to strike this material from the record, however, "in the interests of providing a complete response at this time, and without waiving the privilege in any way, Canada has responded to the Claimant's allegations on their merits in its written submissions as well."
1.2 In its Counter-Memorial the Respondent made a similar statement.1
1.3 On 6 February 2015, the Respondent submitted a motion to the Tribunal, requesting that "the information and exhibits listed in the Annex attached hereto be disregarded and excluded from evidence" (the "Motion"). The Respondent contends that "[t]be information and exhibits at issue . .. contain witness testimony given before the Standing Committee on Justice Policy of the Legislative Assembly of Ontario" (the "Ontario Standing Committee"), and that "such evidence is protected by parliamentary privilege." Annex A to the Motion contains a "List of Statements in the Claimant's Memorial Relying on Information Subject to Parliamentary Privilege" with 57 entries, detailing the relevant passages and corresponding references. Together with the Motion, the Respondent submitted a total of sixteen supporting documents. 1.4 On 9 February 2015, the Tribunal invited the Claimant to provide its comments on the Respondent's Motion by 13 February 2015.