Department of Justice Canada (Re), 2020 OIC 5
The complainant challenged the Department of Justice Canada's (Justice) decision to withhold an entire Memorandum of Understanding (MOU) for legal services under section 23 of the Access to Information Act. Justice claimed the entire MOU was protected by solicitor-client privilege. The Commissioner found that Justice failed to demonstrate that general identifying information, such as the title and signature blocks, fell under this privilege. Furthermore, the Commissioner determined that Justice had waived its solicitor-client privilege over certain information within the MOU. Consequently, the Commissioner concluded that the complaint was well founded and recommended the release of part of the record. Justice indicated its intention to implement this recommendation.
- 1Whether the entire Memorandum of Understanding (MOU) was protected by solicitor-client privilege under s.23 ATIA
- 2Whether general identifying information (title, signature blocks) in the MOU was protected by solicitor-client privilege
- 3Whether solicitor-client privilege had been waived over any information in the MOU
- Application of s.23: Exemption not upheld for identifying information
- Waiver of privilege: Privilege waived for certain information
- Disclosure of records: Partial disclosure recommended
- Complaint outcome: Complaint well founded
Complaint well founded — disclosure of part of the record recommended
The Department of Justice Canada could not demonstrate that solicitor-client privilege applied to the entire record, specifically to general identifying information. Additionally, the Commissioner found that privilege had been waived over some information in the MOU.
The Information Commissioner recommended that Justice release part of the record.
- s.23 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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