The Canadian Bar Association (CBA) appeared before the Supreme Court of Canada on April 1st, as an internevor in the University of Calgary appeal. CBA past president Michele Hollins, Q.C., of Dunphy Best Blocksom LLP , who appeared as counsel, urged the Court to continue its rigorous protection of solicitor-client privilege.
The issue on appeal is whether Alberta’s Freedom of Information and Protection Act empowers the Alberta Privacy and Information Commissioner to compel the production of documents claimed to be protected by solicitor-client privilege in order to assess that claim of privilege in the course of an inquiry.
The CBA argues that FOIP does not give the Commissioner the power to view the records over which solicitor-client privilege has been asserted because:
- Solicitor-client privilege is a substantive rule and a principle of fundamental justice.
- Where there is a dispute, an independent court of law should determine whether privilege has been properly claimed.
- Eroding solicitor-client privilege will erode the public’s rights and trust.
James L. Lebo, Q.C., of McLennan Ross LLP, and Jason Wilkins of Dunphy Best Blocksom LLP, joined Ms. Hollins as the CBA’s pro bono counsel team.
An archived webcast of the hearing will be available online shortly.
Read our factum.