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
'Repetitive partisan conduct': Conservatives to force vote on ousting Speaker Greg Fergus
The federal Conservatives have advanced a motion that will force MPs to vote on whether to oust Greg Fergus as House of Commons Speaker, after MPs' deputy adjudicator ruled Monday that the Liberal member's allegedly errant partisan event invite required urgent attention.
Teen was doing homework at family's Mississauga, Ont. restaurant when gunman opened fire: testimony
The 13-year-old sister of a young man killed in the attack on her family’s Mississauga restaurant in 2021 took the stand in a Brampton courthouse on Monday to describe the terrifying moments of coming under fire.
B.C. senior prepares to move due to devastating effects of fraud
A Courtenay, B.C., senior is downsizing and packing to move as she comes to accept she can no longer afford to stay in her home, after falling victim to a scam that robbed her of her life savings worth more than $100,000.
What a CBSA strike could look like, according to an expert
Slowed or interrupted travel, the passing of goods and significantly restricted borders should be expected if Canadian border workers take upcoming strike action.
Israel close to approving Gaza reunification program before Rafah invasion: Miller
Immigration Minister Marc Miller says Israel seemed to be on the verge of approving a program to get Palestinian relatives of Canadians out of the Gaza Strip before the country's invasion of the town of Rafah.
WATCH Alta. man rescues wild foal trapped on steep cliffside
A man's daring rescue of a newborn wild foal that was trapped after falling down a steep embankment was caught on video over the weekend.
'Decades-long fight': MPs unanimously pass 'anti-scab' legislation
A bill that would ban federal employers from using replacement workers or 'scabs' during lockouts or strikes passed the House of Commons unanimously on Monday.
Netanyahu acknowledges 'tragic mistake' after Rafah strike kills dozens of Palestinians
Benjamin Netanyahu acknowledged Monday that a 'tragic mistake' had been made after an Israeli strike in the southern Gaza city of Rafah set fire to a tent camp housing displaced Palestinians and killed at least 45 people.
Severe thunderstorms, tornado watch in some areas of Canada. Here's where
Depending on where you live, you can expect to get a mixed bag of weather this week, as local forecasts predict heavy rain, strong wind, severe thunderstorms and even snowfall across some areas of Canada.