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Home > SCC Decision: July 17, 2008

SCC Decision: July 17, 2008

Thu, 2008-07-17 08:41 — Andrew Pilliar
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SCC summaries by Andrew Pilliar [1]
Research articles : 
Privilege [2]

Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44
Click here [3] to link to the full judgment.
(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

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[1] https://www.legaltree.ca/taxonomy/term/86
[2] https://www.legaltree.ca/taxonomy/term/69
[3] http://scc.lexum.umontreal.ca/en/2008/2008scc44/2008scc44.html