PRACTICE |
Privilege |
Williamson v. Canada (Attorney General)
A-679-02
2003 FCA 361, Sexton J.A.
30/9/03
6 pp.
Attorney General of Canada appeals from order of Federal Court ordering production of document upon which Attorney General claims solicitor-client privilege--Burden of establishing solicitor-client privilege lying with person seeking to invoke privilege--Attorney General arguing document for which privilege claimed obviously privileged on its face--Upon examination, document may well be privileged but no palpable and overriding error made in concluding insufficient evidence to establish privilege--In particular, lacking evidence of solicitor-client relationship between decision maker and author of document in question-- Appellant, however, alleging direction issued by Prothonotary dated September 9, 2002, did not contemplate filing of affidavit evidence and for this reason none was filed-- Because of importance of solicitor-client privilege, appellant should not be deprived of opportunity to submit affidavit containing required information--Appeal allowed.