Examining Privacy Issues with Respect to Solicitor-Client Privilege: The Aftermath of Blood Tribe

The Supreme Court of Canada decision Canada (Privacy Commissioner) v. Blood Tribe Department of Health, found that the federal Privacy Commissioner did not have the authority under the Personal Information Protection and Electronic Documents Act (“PIPEDA”) to issue an order requiring a party to disclose to her copies of records over which a claim of solicitor-client privilege had been made.  The Blood Tribe decision has implications beyond the Privacy Commissioner context to other administrative tribunals or regulators. 

This article looks at other related cases and discusses the implications of the Blood Tribe decision.