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Halifax Regional Municipality improperly withheld part of an information request made by an Africville descendant, says the province’s freedom of information review officer.
In her report, Dulcie McCallum recommends the municipality release the information, which amounts to a handwritten note between a municipal solicitor and an employee.
The date and the contents of the exchange are not included in McCallum’s report, sent out by the province Wednesday.
The municipality argued that in revealing the information, it would violate solicitor-client privilege, but McCallum disagreed, saying the note was neither marked confidential nor did it meet the threshold of “giving legal advice.”
In either case, McCallum said, the municipality should not automatically deny information even if there is an issue related to legal privilege, particularly if the information is of public interest.
“In this case, however, by its own admission, the HRM has stated unequivocally it does not release records . . . that are subject to solicitor-client privilege,” McCallum wrote.
