SCC To Consider Provincial Privacy Commissioner Powers To Compel Production Of Privileged Documents

The Supreme Court of Canada is revisiting the issue of whether a privacy commissioner can force disclosure of documents where solicitor-client privilege is asserted.

In 2008, the Supreme Court considered a privacy commissioner's powers under Canada's federal private sector legislation and concluded (in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44) that the federal privacy commissioner could not compel the production of documents over which privilege is asserted . This time around, the court is examining the privacy commissioner's powers under provincial privacy legislation, which has language that differs from that found in the federal privacy legislation.