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
Air turbulence: When can it become dangerous?
Flight turbulence like that encountered by a Singapore Airlines flight on Tuesday is extremely common, but there's one aspect of severe turbulence an aviation expert says can lead to serious injury.
B.C. serial killer Robert Pickton hospitalized after prison attack
British Columbia serial killer Robert Pickton was attacked and sustained life-threatening injuries in a Quebec prison Sunday in what officials described as a 'major assault.'
opinion Tom Mulcair: With Trudeau spiralling, Mark Carney waits in the wings
In his latest column for CTVNews.ca, former NDP leader Tom Mulcair argues that if there's an unofficial frontrunner in the eventual race to replace Justin Trudeau as Liberal leader, it has to be former Bank of Canada governor Mark Carney.
Toronto Blue Jays fan struck by 110 m.p.h foul ball offered tickets, signed baseball by team
The Toronto Blue Jays have offered tickets and a signed baseball to a fan who says she was struck in the face by a 110 m.p.h (177 km/h) foul ball at Friday’s game.
Orphan orca's extended family spotted off northeast side of Vancouver Island
Members of a killer whale pod related to an orphan orca calf that escaped a remote British Columbia tidal lagoon last month have been spotted off the northeast coast of Vancouver Island.
OPP continues to investigate boat collision north of Kingston, Ont. that left 3 people dead
Ontario Provincial Police continue to investigate a long weekend fatal boat collision on Bobs Lake, north of Kingston, Ont.
Matthew Perry's death is being investigated over ketamine level found in actor's blood, reports say
An investigation has been opened into the death of Matthew Perry and how the “Friends” actor received the anesthetic ketamine, which was ruled a contributing factor in his death.
WATCH Why today's inflation numbers are good if you have a mortgage
New inflation data is 'welcome news' for consumers and an economist says it could signal the possibility for a interest rate cut as several core measures also continue to ease.
'Miscommunication' Liberals say of Speaker Fergus event invite Conservatives call partisan
House of Commons Speaker Greg Fergus is facing fresh Conservative-led calls to resign, this time over "very partisan" and 'inflammatory' language used – the Liberals say mistakenly – to promote an upcoming event.