The Office of the Information Commissioner said the Department of Justice can keep its legal costs a secret from taxpayers under “solicitor-client privilege.” .According to Blacklock’s Reporter, MPs have asked for all public expenses to be shared, including the money spent by federal lawyers..“The Department of Justice indicated legal billing information is subject to solicitor-client privilege, which is derived from the fact these amounts provide a summary or history of what counsel has done in preparation for a case,” wrote the Commissioner’s office. .“They also form part of the continuum of communication between client and solicitor for the purpose of seeking or giving legal advice.”.It said that federal lawyers have the “discretion” to hide their expenses if they think it is necessary. .The Department of Justice sees itself as the lawyer for government departments and agencies regarding civil court cases..The Commissioner’s decision came over an Access to Information request for legal fees incurred by federal lawyers in an Ontario property dispute. The Access to Information Act allows the concealment of privileged records such as “legal advice.”.“Litigation privilege generally expires when the litigation ends except when related litigation is pending or is reasonably expected to occur,” wrote the Commissioner’s office..Litigation costs have been disclosed in the past..The Justice department in 2018 revealed it spent $946,622 in a dispute with a family restaurant in Nanaimo, BC, falsely accused by the Canada Revenue Agency of falsifying tax records. The restauranteurs were acquitted at trial. .“The presumption of innocence appeared to be meaningless,” a BC Supreme Court justice wrote in the case..MPs have expressed their frustration about being unable to determine how much money the Department of Justice spends on legal fees..“The department cannot speak to a specific amount,” staff wrote the Commons Government Operations committee on April 13 following a request from New Democrat MP Gord Johns (Courtenay-Alberni, BC) for the cost of 16 years’ worth of litigation over indigenous child welfare..In a report on June 20, the Commons Access to Information committee said that all spending of taxpayers' money, including legal fees, must be made known to the public..“The recommendations that are in this report are meant and designed to fix what is a broken system,” said Conservative MP John Brassard (Barrie-Innisfil, ON), chair of the committee..On June 13, Prime Minister Justin Trudeau stated he was dedicated to ensuring Access to Information. The cabinet did not give any response to the recommendation..“We recognize there is always more to do,” said Trudeau. .“Transparency is an important part of building confidence for Canadians in their governments.”
