Auditor general doesn’t have right to privileged documents, court rules
An Ontario Appeals Court has ruled that Ontario’s auditor general does not have the right to demand access to documents covered by solicitor-client privilege.
Auditor General Bonnie Lysyk went to court to obtain documents withheld as she did an audit of Laurentian University into why the university declared insolvency.
She was denied access to privileged documents and appealed the decision. Lysyk said Tuesday the decision is disappointing.
“We’ve never really had an access issue to the extent that we encountered with Laurentian,” she told CTV News.
“So I’m disappointed with the ruling says the wording isn’t clear enough because it has been something we’ve operated on for many years.”
However, Osgoode Hall Law School Prof. Trevor Farrow said the court was prioritizing the right to confer with a lawyer in confidence.
“I don’t think the court had concerns about the auditor’s goals, I don’t think the court had a concern about what the auditor was looking for in the abstract,” Farrow said.
“What I do think the court cared about was not pushing aside the protection of privilege, without that really clear, defined language.”
But Nickel Belt MPP France Gélinas said the legislation covering the auditor’s office needs to change to make the language clear that all organizations being audited must hand over privileged documents.
“If an agency does wrong, they will not be able to share all the documents that prove they have done wrong, share it with their lawyers, so that no one can look at them anymore,” Gélinas said.
“For people who do good, they don’t care.”
In a statement to CTV, Paul Calandra, Ontario’s minister of Legislative Affairs, said the government sees no reason to change legislation.
“The government is not considering legislative changes to provide the auditor general with new powers at this time,” Calandra said.
“In the Laurentian University matter, existing Parliamentary processes worked as intended and the Standing Committee on Public Accounts, with the assistance of the Auditor General, was able to conduct a fulsome inquiry holding Laurentian to account.”
“The significant power to access documents subject to solicitor-client and other legal privileges is rightly vested with elected Parliamentarians who are directly accountable to their constituents.”
For its part, Laurentian University said it is moving forward, not looking back.
“Our priorities are supporting the University's current transformation, strategic planning processes, and delivering an excellent experience for all current and future students."
CTVNews.ca Top Stories
BREAKING Trump fined US$1,000 for gag order violation in hush money case as judge warns of possible jail time
The judge presiding over Donald Trump's hush money trial has fined him US$1,000 for violating his gag order and sternly warned the former president that additional violation could result in jail time.
The story of how a B.C. man found his birth mother
After his adopted parents died, Dave Rogers set out to learn more about his birth mother. DNA results and a little help from friendly strangers would put him on a path to a small town in England.
When grief and AI collide: These people are communicating with the dead
AI tools can offer recommendations, answer questions and 'talk' with users. But some users are using them to recreate the likeness of the dead.
Spike in 'violent rhetoric' since Oct. 7 attack from 'extremist actors,' CSIS warns
The Israel-Hamas war has led to a spike in 'violent rhetoric' from 'extremist actors' that could prompt some in Canada to turn to violence, the Canadian Security Intelligence Service warns.
Italy's white-collar mafia is making a business killing
Italy's mafia rarely dirties its hands with blood these days. Extortion rackets have gone out of fashion and murders are largely frowned upon by the godfathers.
WestJet, mechanics union agree to tentative deal to avoid strike
A potential strike between WestJet and its mechanics union appears to have been avoided.
Russia announces nuclear weapon drills after angry exchange with senior Western officials
Russia plans to hold drills simulating the use of battlefield nuclear weapons, the Defense Ministry announced Monday, days after the Kremlin reacted angrily to comments by senior Western officials about the war in Ukraine and Moscow warned that tensions with the West are deepening.
Summer forecast: What to expect as El Nino weakens
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Actor Bernard Hill, of 'Titanic' and 'Lord of the Rings,' has died at 79
Actor Bernard Hill, who delivered a rousing cry before leading his people into battle in 'The Lord of the Rings: The Return of the King' and went down with the ship as the captain in 'Titanic,' has died.