Nova Scotia's Department of Justice is refusing to hand over documents concerning the legality of vaccine passports and the provincially-regulated ScotiaPass vaccine verification system on the grounds of solicitor-client privilege.
The following request was made on October 25, 2021:
Please provide any and all communications from the Department of Justice in relation to Vaccine Passports / ScotiaPass / or any other terminology which may have been used to describe the legality of such documentation.
(Date Range for Record Search: From 12/31/2020 To 10/23/2021)
In response, the provincial government refused to hand over the records, pointing to a Freedom of Information and Protection of Privacy Act clause that says “the head of a public body may refuse to disclose” information subject to solicitor-client privilege.
You are not entitled to the record(s) requested. We have withheld the information in this request according to subsection 5(2) of the Act. The severed information is exempt from disclosure under the Act for the following reasons:
• 16 – Legal Advice
The head of a public body may refuse to disclose to an applicant information that is subject to solicitor-client privilege.
In December, Rebel News reported on internal government documents showing that the province's Progressive Conservative leadership were told that voters felt “betrayed” that their summer electoral win did not put a stop to vaccine passports.