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ARTICLE · 02 AUGUST 2019

Legal Privilege, Email And The Continuum Of Communication

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Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given.

CanadaLitigation, Mediation & Arbitration
Scott Bower
Scott Bower
Russell Kruger
Russell Kruger
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Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in Alberta (Municipal Affairs) v Alberta (Information and Privacy Commissioner), 2019 ABQB 274 [IPC]. In IPC, the Court determined that email chains discussing legal advice without the direct involvement of counsel were protected by solicitor-client privilege.

IPC is a judicial review of a decision by the Information and Privacy Commissioner of Alberta, who ordered that the Alberta Emergency Management Agency (AEMA) disclose certain documents. Previously, AEMA refused to disclose the documents in response to an access to information request on the basis they were protected from disclosure by legal privilege under section 27(1) of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25. In-house counsel from Alberta Justice and

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