Department of Justice Canada (Re), 2020 OIC 5
The complainant challenged the Department of Justice Canada's decision to withhold a Memorandum of Understanding (MOU) for legal services, citing section 23 (Legal advice and litigation privilege) of the Access to Information Act. The Department could not demonstrate that the entire MOU, including its title and signature blocks, was protected by solicitor-client privilege. Furthermore, the Department had waived privilege over some information within the MOU. The Information Commissioner found the complaint well-founded.
- Applicability of section 23 (Legal advice and litigation privilege)
- Waiver of privilege
- Protection of general identifying information
Complaint well founded — release ordered
The institution failed to prove that the entire record, including general identifying information and information over which privilege had been waived, was properly withheld under section 23 of the Act.
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The Commissioner recommended that the Department release part of the record, and the Department has stated its intention to comply.
- s.23 ATIA
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