[2013] 3 F.C.R. D-1
Access to Information
Appeal from Federal Court decision (2012 FC 877) ordering disclosure pursuant to Access to Information Act, R.S.C., 1985, c. A-1 of protocol setting out Department of Justice (DOJ), Royal Canadian Mounted Police (RCMP) procedures when RCMP documents sought in civil litigation against federal Crown—RCMP, DOJ excising content of protocol following access to information request, invoking exceptions under Act, ss. 21(1)(a), 23—Respondent Information Commissioner concluding protocol not falling within exemptions—Federal Court finding protocol not advice but agreement setting out respective roles, responsibilities of RCMP, DOJ—Impossible to say whether matters set out in protocol consistent with or conflicting with any earlier legal advice—Disclosure of protocol not undercutting purposes served by solicitor-client privilege—Case herein differing from Ontario (Ministry of Community and Social Services) v. Cropley, 2004 CanLII 11694 (Ont. Div. Ct.)—Federal Court alive to fact that protocol part of protected continuum of communication associated with giving, receiving of legal advice—Extending scope of protected continuum of communication resulting in public operational policies, memoranda of agreement between departments becoming confidential, going beyond purposes served by solicitor-client privilege—However, first paragraphs memorializing content of certain legal obligations of federal Crown for benefit of RCMP, DOJ—Accordingly, those paragraphs privileged, confidential—Appeal allowed in part.
Canada (Information Commissioner) v. Canada (Justice) (A-375-12, 2013 FCA 104, Stratas J.A., judgment dated April 17, 2013, 14 pp.)