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Article: Privacy Commissioner May Not Review Privileged Documents, Says Supreme Court Of Canada.
- Article from:
- Mondaq Business Briefing
- Article date:
- August 3, 2008
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The Supreme Court of Canada has rejected the Canadian Privacy Commissioner's attempt to expand her mandate to include testing solicitor-client privilege claims. In Canada (Privacy Commissioner) v. Blood Tribe Department of Health, released July 17, 2008, the Supreme Court held that the Commissioner does not have the power to review documents to determine whether they are in fact privileged. That role remains reserved for the courts.
Background The case involved the Commissioner's investigation into a privacy complaint. An ex-employee had requested that her former employer provide her with access to her personal information under the Personal ...