An employee filed a complaint with the Privacy Commissioner seeking access to her personal employment information after being dismissed.
The employer provided most records but withheld some, claiming solicitor-client privilege.
The Privacy Commissioner ordered production of the privileged documents pursuant to s. 12 of PIPEDA, which grants powers to compel records in the same manner as a superior court.
The Supreme Court of Canada held that the Commissioner cannot compel production of privileged documents, as clear and explicit statutory language is required to abrogate solicitor-client privilege, which PIPEDA lacks.
