First Nations Seek Disclosure on Grand Rapids Dam Flooding
Posted on 8 March 2010 | No responses
Over the next few days, First Nations will be challenging attempts by the federal government to block access to 250 documents that could well prove that knew about the deleterious impact of flooding on reserves. (See First Nations People Pack Courtroom, Winnipeg Free Press, March 8, 2010) The government claims lawyer-client privilege but the hole in their argument would seem to be the fact that such privilege would be imposed after the fact.
Prior to the challenge, there doesn’t appear to be any legal confidentiality involved in the documents. How can non-classified information then become “privileged” at a later date?
In order for the lawyer-client privilege to exist they must be confined to private communications between the lawyer and the client. What is protected by the privilege is the communications themselves within the confidential setting.
“The protection of the privilege extends only to communications and not to facts.”
(Philadelphia v. Westinghouse Electric Corp., 205 F. Supp. 830, 831 (E.D.Pa. 1962))
There are also indications that INAC is trying to manage spin, not just protecting its legal position. While we can respect the attorney to address his client’s wishes, the fact that he cites the media officials as follows, is telling:
“Crown lawyer Cary Clark said he could not speak about the case without approval from media officials at Indian and Northern Affairs Canada.” Media Officials!? Is INAC being run through propaganda? Does this country have a Ministry of Truth?
Feds Hide Truth: Chief, Winnipeg Free Press, March 4, 2010 http://www.winnipegfreepress.com/breakingnews/feds-hide-proof-chief-86318152.html
There is obviously no obligation by INAC to serve the interests of aboriginal peoples in this matter. There are also issues of discovery, withholding evidence, and freedom of information. The Hydro project flooding is not a matter of national security.
Unless of course INAC has some sort of ongoing war.
The First Nations are not simply demanding their right to access to this and other information, but asserting it through the justice system.
