It has come to our attention that letters drafted by legal counsel for area farmer Brett Schuyler have been made available to the public via local media. These letters contain confidential and legally privileged information.
Mr. Schuyler challenged the Medical Officer of Health’s section 22 order regarding the number of migrant workers able to isolate in a single living quarters.
These letters were ultimately not allowed to be submitted to the Board of Health because they pertained to matters of ongoing litigation. Additionally, aspects of the letters were considered by the Clerk to be defamatory.
Though Mr. Schulyer has never sought to make a deputation before the Board of Health, neither he nor his legal counsel are able to do so if the matters they wish to discuss pertain to ongoing or potential litigation.
All of Mr. Schulyer’s correspondence has been accepted and published by the Clerk. Ms. Plumb’s initial correspondence was published, but her subsequent correspondence and deputation requests clearly related to potential litigation against the Board of Health and accordingly were refused. Further, counsel advised that the correspondence appeared to refer to solicitor-client privileged advice which had been improperly leaked and should therefore not be published.
The Board of Health’s legal counsel have a significantly different perspective on the items outlined in these letters and the propriety of these communications, but have chosen not to debate legal matters in the media and do not have the right to do disclose client confidences.
It is unfortunate that confidential and legally privileged matters discussed by the Board of Health in-camera have been improperly made public. While Mayor Kristal Chopp raised the matter at the last Council meeting, the Council chose not to take any further action regarding this breach.
It is hoped that in future, confidential information remains confidential.
