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
Poilievre says Canadians 'fleeing' to Nicaragua, Liberals say it shows he 'doesn't have a clue'
Liberal parliamentarians are criticizing Conservative Leader Pierre Poilievre over a new video in which he promotes the idea that some Canadians are 'fleeing' Canada to live in Nicaragua because they can't afford a house in this country.
Canadians are eyeing moves to these cities for more affordable housing
Faced with elevated housing prices, half of Canadians in the country's largest cities are considering moving to places with more affordable housing.
Police clear intersection of pro-Palestinian protesters on UBC campus
Police have moved on pro-Palestinian protesters at the University of British Columbia campus in Vancouver, with video on social media showing lines of officers advancing on demonstrators rallying at a main intersection.
'Do not drive': Nissan warns Canadian drivers of explosion risk impacting 48,000 vehicles
Car manufacturer Nissan has issued a do-not-drive warning for some older vehicles equipped with Takata airbag inflators, due to the risk of explosion during a crash.
Infant dies in ATV crash, N.S. RCMP says alcohol may be a factor
An infant has died and three others, including another child, were taken to hospital following an ATV crash in Forties, N.S., on Monday.
'Scandals and secrets': On board the world's most exclusive private residential ship
It’s a floating city exclusively home to the 1 per cent, a playground for multimillionaires and billionaires that circumnavigates the world's oceans.
Tessa Virtue reveals she's expecting her first child. Here's what Canadians had to say
Canadian figure-skating icon Tessa Virtue is expecting her first child, she revealed via social media Tuesday.
New Orleans mystery: Human skull padlocked to a dumbbell is pulled out of water by a fisherman
New Orleans mystery: Human skull padlocked to a dumbbell is pulled out of water by a fisherman
Indian capital swelters as temperature hits all-time high of 52.9 C
Delhi recorded an all-time high temperature of 52.9 C (127.22 F) on Wednesday as extreme heat conditions gripped the north and western parts of India.