Law Society of Alberta 100th Anniversary Schedule of Events

100th Anniversary Legacy Project
Pro Bono Law Alberta Launch.
May 23, 2007, Calgary
May 24, 2007, Edmonton

100th Anniversary
Canada Post Stamp Launch
September 13, 2007
Edmonton, Alberta

100th Anniversary
Law Society of Alberta Book Launch
September 14, 2007
Lougheed House, Calgary

100th Anniversary Gala Dinner
October 4, 2007, 6:00 p.m.

Calgary, RoundUp Centre:
MC - Allan G. Shewchuk, QC
The Honourable Peter Lougheed

Edmonton, Northlands:
MC - James A. Wachowich
Chief Justice Beverley McLachlin
(Both speeches to be simulcast)

100th Anniversary Conference
Canadian Lawyers in the 21st Century
Oct.26 - 27, 2007
Lister Centre and Faculty Club
University of Alberta, Edmonton

LSA Successful in Privilege Issue Intervention

by Janet Dixon, QC, Senior Counsel, Law Society of Alberta

Directed by the Executive Committee, the Law Society of Alberta successfully sought intervener status in the Federal Court of Appeal case Blood Tribe Department of Health v. Privacy Commissioner of Canada and Annette J. Soup. The Federal Court of Appeal issued its decision in this case last fall.

The appeal centred on the Privacy Commissioner's presumptive power to compel production of solicitor-client privileged documents for the purpose of verifying the claim of privilege. The essential facts are that Ms. Soup's employment was terminated by the Blood Tribe. Prior to her dismissal, the Blood Tribe sought and obtained written legal advice regarding Ms. Soup's employment.

Following her dismissal, Ms. Soup made a request under the federal Personal Information Protection and Electronic Documents Act for copies of all of her personal information held by the Blood Tribe. The Blood Tribe complied with this request except for the legal advice it received from its solicitors. The Privacy Commissioner demanded copies of the material to verify the claim to solicitor-client privilege but the Blood Tribe refused to waive the privilege. Subsequently the Privacy Commissioner issued an order under PIPEDA to produce the documents and the Blood Tribe unsuccessfully sought to quash the order in Federal Court by way of judicial review.

In quashing the Commissioner's order,

the Federal Court of Appeal recognized the presumptively inviolate nature of the solicitor-client privilege and held that PIPEDA did not contain any language allowing the Commissioner to violate that privilege.

The Court agreed with the LSA's arguments that the provisions of PIPEDA may allow information obtained by the Commissioner, including solicitor-client privileged information, to make its way into the hands of public law enforcement officers which would undermine the confidence and candour of Canadians when dealing with their lawyers.

The Court also agreed with the LSA that only an actual superior court could inspect the actual documents to rule on whether solicitor-client privilege has been properly claimed.

The Privacy Commissioner has been granted leave to appeal to the Supreme Court of Canada.

Gary Befus was counsel for the Blood Tribe, Steve Welchner was counsel for the Privacy Commissioner and Garner Groome represented the LSA. The Privacy Commissioner has been granted leave to appeal to the Supreme Court of Canada.