Submission received by email on May 6, 2021 Subject: Access to Information review
Good day:

As a Canadian who has made Access to Information requests in the past, in my experience the greatest need for change in the ATI system is the abuse of the “solicitor client privilege” exemption to records disclosure.

Often, government officials claim “solicitor client privilege” exemption when the records are clearly internal discussions that do not involve lawyers or legal counsel. The reason for widespread claiming of this exemption is the lack of an independent review process, so by invoking “solicitor client privilege”
the government department can hide anything and everything. Just say “solicitor client privilege” and the records will not be disclosed, even if it was an email exchange between two administrative clerks, for example.

“Solicitor client privilege” cannot be a magical spell that prevents any and all disclosure, as it is often
practiced today. It is imperative that an independent third-party review process be established, for
example, any exemption claim of “solicitor client privilege” should automatically trigger a statutory right to review by a Federal Court judge. The judge would review the information under the claim and if it does not fit the criteria for “solicitor client privilege”, the judge shall order the release of the
information to the requestor. This will ensure that “solicitor client privilege” does not continue to be abused by government officials who are always eager to hide embarrassing or damaging information from the public.

There does exist information that constitute “solicitor client privilege”, however, it should not be government officials who have the last decision on what they are. An independent judicial review process is essential.

Thank you.