To put this in context, to take the fact situation in the Blood Tribe case, our complaint came from an employee of the Blood Tribe. Blood Tribe is a federal work under the definition, so we investigated. She wanted access to her personal information held by her employer, and the employer said you can have this, and you can have this, and you can have that, but you can't have.... It was a few documents that they claimed were privileged.
In order for the commissioner to do her job and say “You correctly invoked this exemption to disclosure because you don't have to disclose to your employee a privileged document”, we have to be able to go in there and look at that document and say “Yes, it is privileged, and you're right, you don't have to disclose it to the complainant”. That's the sort of situation we're looking at. It doesn't come up in every case. In fact, it rarely comes up. It's very rare that an organization actually claims the exemption for solicitor-client privilege when faced with an access request.