Privilege
Settlement privilege
Submitted by Michael Dew on Sun, 2009-10-25 16:08SCC Decision: July 17, 2008
Submitted by Andrew Pilliar on Thu, 2008-07-17 07:41Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44
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(Privacy / Solicitor-client privilege)
After being dismissed, an employee sought access to her personal employment information. She was denied access, and filed a complaint with the federal Privacy Commissioner. The Commissioner requested the employment records and these were delivered, except those for which the employer claimed solicitor-client privilege. Nevertheless, the Commissioner ordered that these privileged documents be produced. The Court held that the Commissioner's order to produce the privileged documents should be vacated. Specific statutory wording is required for a statutory body to pierce solicitor-client privilege.
Majority/Dissent: 7/0
SCC Decision: October 11, 2007
Submitted by Andrew Pilliar on Thu, 2007-10-11 07:46
Named Person v. Vancouver Sun, 2007 SCC 43
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( Informer Privilege / Open Court Principle)
During an in camera extradition hearing, the Named Person informed the judge that he was a confidential police informer, and requested disclosure from the Attorney General. In the proceedings that followed, the judge asked various lawyers for media groups to attend. Some of the lawyers asked for permission to review certain court documents. The extradition judge allowed this request. The Supreme Court overturned that decision, finding that police informer privilege was almost absolute, and that there is a complete and total bar on any disclosure of the informant's identity.
Majority/Dissent: 8/1
The Supreme Court of Canada on solicitor-client privilege: what every practitioner needs to know
Submitted by Mahmud Jamal on Wed, 2007-02-28 19:33By Mahmud Jamal of the Ontario Bar and Partner, Osler, Hoskin & Harcourt LLP, Toronto. I am grateful to my colleagues Gail Henderson and Priya Sarin for reviewing a draft of this paper. This is a general overview of the subject matter and should not be regarded as providing either legal advice or a legal opinion.
A. INTRODUCTION
