Canadian Jewish Congress v. Canada ( Minister of Employment and Immigration )
T-1284-92
Jerome A.C.J.
10/3/95
6 pp.
Minister seeking variation of order directing Minister to give applicant access to documents contained in secret file relating to immigration status of alleged Nazi collaborator -- Upon review by access to information coordinator, secret file determined to qualify for exemption from disclosure on grounds documents consisting of privileged communications between solicitor and client pursuant to Access to Information Act, s. 23 -- Main issue conflict between right of access to public information and solicitor-client privilege, as it applies to government agencies -- Solicitor-client privilege applicable in case where client government department and advising solicitor in employ of department or Department of Justice-Fundamental principle of our justice system requiring information or advice, given in confidence between lawyer and client, be privileged from public disclosure -- Supreme Court of Canada stressing privilege constituting necessary component of effective legal advice (Descôteaux v. Mierzwinski, [1982] 1 S.C.R. 860)-Examination of documents confirming compliance with solicitor-client privilege and accuracy of description given to counsel for applicant; privilege claimed justified -- Order exempting secret file from disclosure granted -- Access to Information Act, R.S.C., 1985, c. A-1, s. 23.