Legal professional privilege

Well, it's not just, I wonder, Mr. McEwen, it's not just religious sensitivities.

I mean, somebody raises solicitor-client privilege, and we know from Blood Tribe that privacy commissioners can't award a production of solicitor-client privilege information.

There's two options, typically.

But one is to provide a sufficient factual basis for the privilege, and then to...

It's another thing to be on the front page of the Vancouver Sun.

If the adjudicator had to see it to determine whether an exemption applies, or perhaps a blanket exemption, that would be one thing, and then we'd be in a situation like the Taylor case, where if you simply determine that you meet one of the exemptions, then you're captured and it goes no further.

Similarly, if there was a more specific tailored exemption, for instance, in Section 23, then perhaps this would be adjudicated a little more like the Solicitor-Client Privilege cases, where is there enough in the affidavit just to convince the adjudicator that you need an exemption? And that's not the case here.

What has to happen, the adjudicator said, and this is clear under PIPA, is a line-by-line review has to be conducted to determine whether whose religious personal information this is and can severing occur? And the problem again is these elders are organizations and as a maker of the record, Elders cannot claim my personal information is protected.