The province’s Privacy Commissioner is appealing a recent court ruling on the commissioner’s powers under the Access to Information and Protection of Privacy Act 2015, but Michael Harvey says the appeal won’t be necessary if government introduces a Statutory Amendment to the legislation.

Harvey says when the original legislation was reviewed by the Wells Committee, the legislature unanimously accepted the recommendation that ATIPP legislation have no restriction on the right of the Commissioner to require the production of any record for which solicitor-client privilege has been claimed.

Harvey says the recommendation confirmed that the Commissioner’s Office has the right to review solicitor-client advice. “We don’t release it,” he says, “what we do is just check it, and make sure that it is indeed legal advice.” Harvey says, otherwise, government could claim solicitor-client privilege over everything, leaving “a big hole.”

Harvey says “by taking a position contrary to the intent of the legislature, it appears as though government is in the process of doing through the courts what would be politically unpalatable to do through the legislature, which would be to shield itself from accountability.”

Harvey’s office is appealing the court ruling, but says the matter could be resolved by amending the legislation. He says rather that tearing down access to information through the courts, he’s calling on government to eliminate the unnecessary cost of an appeal and amend the statute.

https://www.oipc.nl.ca/pdfs/ATIPPA_Report_Vol2.pdf