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.
Officer: Info on Africville wrongly withheld | Herald
Expert: Halifax sewage plant decision violates freedom of information laws | Reality Bites | Halifax, Nova Scotia | THE COAST
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Expert: Halifax sewage plant decision violates freedom of information laws
The public has a right to see report, says Darce Fardy
Posted by Darce Fardy on Fri, Jun 5, 2009 at 11:18 PM
[Editor's note: Darce Fardy was Nova Scotia's privacy review officer from 1995 to 2006, overseeing the provincial Freedom of Information and Protection of Privacy office. After retiring from that position, Fardy founded the Right to Know Coalition of Nova Scotia, an organization that advocates for greater access to government information.]
I know of no bigger issue ever to face the people of the Halifax Regional Municipality than the cleanup of our harbour. It provides council with an excellent opportunity to adopt a policy of full disclosure on a matter of such enormous public interest.
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