Ontario Auditor General Bonnie Lysyk said court’s ruling underscores need to pass bill put forward by local MPPs
A panel of judges has dismissed an appeal launched by Ontario’s auditor general of a 2022 decision in which a judge sided with Laurentian University’s position that it did not have to provide privileged documents to the AG’s office.
Due to this dispute, Lysyk asked the courts for an interpretation of what is allowed for under the Auditor General Act. In January 2022, a judge ruled that the act does not give AG the right to see privileged documents. The case was heard by a panel of judges: Justice Michael Tulloch, Justice Julie Thorburn and Justice Jonathan George. Following submissions by counsel for the Auditor General’s office and for Laurentian University, the panel reserved its decision on the matter.At issue in the case are a couple of sections of the Auditor General Act, most notably Section 10, which deals with the “duty to furnish information” to the auditor general, and how that information must be treated.
“When Section 10 of the Auditor General Act is read in its entirety and in the context of the Act as a whole, it is clear that the Legislature provided the Auditor General with access to an auditee’s privileged documents,” said a factum provided by the AG’s office.University counsel Fredrick Schumann said the question that needs to be grappled with is whether the “abrogation of privilege of the entire government and the broader public sector” is what the Ontario legislature intended.
“An updated Auditor General Act with clear, unambiguous language would once again provide the Office with this necessary access to continue to effectively do its work for the Legislative Assembly and the people of Ontario.” “Auditor General Offices in Canada typically operate with this access. This is important so that the use of privilege cannot be a means for auditees to withhold information.”
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