ACCESS TO INFORMATION AND PRIVACY - Bars and grounds for refusal - Confidential information - Solicitor-client privilege

Law360 Canada ( June 15, 2022, 5:36 AM EDT) -- Determination of whether the Newfoundland and Labrador Information and Privacy Commissioner could compel the Department of Justice and Public Safety to provide the records over which the Department asserted solicitor-client privilege or to recommend disclosure to a member of the public (requester). The Commissioner investigated on behalf of a member of the public who requested access (“requester”) to government records. The Department responded to this request by refusing to disclose parts of records covered by solicitor-client privilege and provided only redacted records. The Department said that a significant portion of the records were withheld as legal advice and were communications: between the solicitor acting in their professional capacity, and the client; were seeking or giving of legal advice; and that they intended to be confidential. The requester made a complaint to the Commissioner challenging the Department’s decision to provide the redacted records. All parties agreed that the standard of review applicable was one of correctness....