Friday, March 24, 2006

Privacy Commissioner's power to review privilege claims

About a year ago, Justice Moseley of the Federal Court of Canada ruled that the Privacy Commissioner of Canada has the power to compel the production of documents for which solicitor client privilege is claimed in order to review the privilege claims (Blood Tribe (Dept. of Health) v. Canada (Privacy Commissioner), 2005 FC 328 (CanLII)). It is now being appealed to the Federal Court of Appeal and the Law Society of Alberta has been granted leave to intervene in the appeal (Blood Tribe Department of Health v. Canada (Privacy Commissioner), 2006 FCA 101).

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