PRACTICE |
Privilege |
TELUS Communications Inc. v. Canada (Attorney General)
A-364-04
2004 FCA 380, Linden J.A.
12/11/04
9 pp.
Solicitor-cllient privilege--Application seeking release of entire memorandum on basis not protected by privilege-- Excised paragraphs of memorandum over which privilege claimed prepared by legal counsel for Canadian Radio-television and Telecommunications Commission (CRTC)-- Privilege applying not only where legal advice given to clients by legal practitioners in private or criminal law realm, but also by in-house, government counsel--Courts recognizing importance of legal counsel in advising governmental decision makers--Only communications by in-house, government counsel in their capacities as lawyers privileged--That determination assessed on case-by-case basis, depending on nature of relationship, subject-matter of advice, circumstances in which sought, rendered--Here, excised paragraphs passed to CRTC through its Telecommunications Directorate-- Necessary to determine whether Directorate third party or agent of CRTC as advice disclosed to third party may lose privileged status whereas advice communicated through agent normally treated as advice to client--Telecommunications Directorate not third party, as CRTC relies on Directorate to obtain legal advice and forward it to responsible officials-- Telecommunications Directorate acting on behalf of CRTC, thus akin to agent--Excised paragraphs written by legal counsel in capacity as lawyer, containing legal advice--That advice intended to be confidential, as demonstrated by word "Protected" appearing at top of memo--Excised paragraphs privileged--Application dismissed.