SCC Underscores The Importance And Protection Of Privileged Communications Before Administrative Bodies

On November 25, 2016, the Supreme Court of Canada (the “SCC”) released two decisions that examine the protection of privileged communications before administrative bodies. The cases, which involve the Information and Privacy Commission of Alberta and Quebec’s Chamber de l’assurance de dommages, consider the ability of legislation to infringe on the established classes of solicitor-client and litigation privilege. Despite different administrative bodies, context, and types of privilege, in both cases the SCC emphasized the fundamental importance of such forms of privilege for the operation of our legal system and held that neither could be set aside absent clear and explicit legislative intent.