Supreme Court Of Canada – The Solicitor-Client Privilege Not Far From Absolute

In a recent ruling, the Supreme Court of Canada has defined the scope of powers of administrative officials in adjudicating privilege issues. In Alberta (Info. and Priv. Comm.) v. Univ. of Calgary, the top court emphasized the substantive nature of the solicitor-client privilege, and held that it can be set aside only by a law that is clear, explicit and unequivocal. 

In 2008, during a civil action, an employee of the University of Calgary, alleging wrongful dismissal, made a request to access information under section 7 of Freedom of Information and Protection of Privacy Act, regarding certain documents and correspondence about her. After the university asserted solicitor-client privilege over some of the records, a delegate of the Commissioner issued a notice to produce documents, under Section 56(3) of the Act, to determine whether privilege was being properly claimed.  The university refused to acquiesce claiming solicitor-client privilege. The university