MT>3
  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact

Supreme Court Rebuffs Privacy Commissioner and Affirms Solicitor-Client Privilege Claim

30/11/2016

 
In Alberta (Information and Privacy Commissioner) v. University of Calgary, the Supreme Court of Canada rejected an attempt by the Privacy Commissioner of Alberta to view documents over which the University was claiming solicitor–client privilege.  Responding to a freedom of information request by a former employee, the University of Calgary refused to produce certain records on the grounds that they were privileged.   The Alberta Privacy Commissioner invoked s. 56(3) of the Alberta Freedom of Information and Protection of Privacy Act (FOIPP) to demand production of the records despite “any privilege of the law of evidence” in order to assess the validity of the privilege claim.
 
The Supreme Court was asked to rule on whether the language of s. 56(3) was sufficient to abrogate solicitor-client privilege.  In a news release when leave was granted, the Alberta Privacy Commissioner cast the issue as one of access and transparency of public institutions, and argued that their ability to test a claim of privilege was fundamental to effective oversight:
 
       This case has significant implications for upholding the access rights of Albertans. Specifically, it                          impacts the Commissioner’s ability to provide effective oversight when reviewing decisions made by              government ministries, post-secondary institutions, school boards and municipalities, among others, in         response to access to information requests.
 
The SCC reaffirmed that solicitor-client privilege is fundamental to the proper functioning of the Canadian legal system, and concluded that for any legislation to abrogate that right would require clear and explicit language.  They held that “solicitor-client privilege cannot be set aside by inference but only by legislative language that is clear, explicit and unequivocal. In the present case, the provision at issue does not meet this standard and therefore fails to evince clear and unambiguous legislative intent to set aside solicitor-client privilege. It is well established that solicitor-client privilege is no longer merely a privilege of the law of evidence, having evolved into a substantive protection."
 
This case has been followed closely by Privacy Commissioners, Law Societies and legal associations (there were 17 such interveners).  The outcome is an affirmation of the importance of the protection of solicitor–client privilege and sends a strong message to legislators about what it will take to set aside that protection.  It will be interesting to see whether any legislation is amended in response, or whether governments will quietly rejoice in their strengthened privilege rights when facing freedom of information requests.

Comments are closed.

    Categories

    All
    Artificial Intelligence
    Blockchain
    Cyber Security
    E Discovery
    Information Governance
    Legaltech
    Privacy
    Social Media
    Technology


    Archives

    February 2021
    November 2020
    October 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    May 2018
    April 2018
    March 2018
    September 2017
    August 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    June 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    October 2009
    September 2009
    August 2009
    December 2008
    March 2008
    November 2007
    October 2007

130 Adelaide Street West Suite 2020
Toronto, Ontario M5H 3P5
​ ​
t: 416-642-2220  
tf: 1-877-642-2220  
f: 416-868-0673
Contact MT>3
@MT>3 2018. All Rights Reserved
Picture

Privacy Policy and Terms of Use

  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact