The Newfoundland and Labrador government has released hundreds of pages of records it had shielded from disclosure as secret legal advice, after fighting the watchdog seeking to investigate the matter all the way to the province’s top court.

According to a report by the province’s privacy commissioner, much of the so-called secret information was either already public or had actually been sent by the woman who had her request rejected.

Information commissioner Ed Ring told CBC News at least some of the documents could be found on the Internet.

The Office of the Information and Privacy Commissioner is a watchdog agency independent of government. (CBC)

While the Department of Justice continues to maintain that solicitor-client privilege applies, Ring’s report noted, the province did release hundreds of pages of documents because of “the passage of time.”

The original request was filed in December 2008.

The government has not indicated whether it will release more documents the commissioner said should be made public. The province has 15 days to respond.

Bill 29, passed last June, effectively reversed a Supreme Court of Appeal ruling that had allowed the watchdog to access files like these.

Ring’s office is now blocked from reviewing anything the government considers secret legal advice.

But Bill 29 doesn’t apply to the case in question, which falls under the old rules.

Asked for personnel file

The case began more than four years ago, when a woman used the open-records law, called ATIPPA, to request her personnel file.

The province refused, saying the entire file fell under solicitor-client privilege.

When the information commissioner tried to get access to the documents to do an investigation, the government sued to stop him.

The government won the initial Supreme Court case, but had that decision overturned on appeal.

'Basically we have to ask the judge to do our job.'—information commissioner Ed Ring

That meant the province had to turn over hundreds of pages of documents to the commissioner for review.

This week’s report found that the government had only properly withheld about 27 per cent of the documents in question.

By law, the watchdog can look at records and issue recommendations. Only a judge can order the government to take action.

But now, post-Bill 29, anything the government says falls under the category of legal advice is outside the watchdog’s authority.

Court is the only option.

Ring told CBC News his office has recently gone to court on behalf of an applicant in a similar case.

“We have filed in court already … for judicial review,” Ring said.

“Basically we have to ask the judge to do our job.”

He declined to provide further details, other than noting the court action involves a public body.

“We are prepared to do what needs to be done to ensure that there’s oversight in terms of that particular section of the act,” Ring said.

Opposition cites 'secrecy and paranoia'

The Department of Justice and new Office of Public Engagement did not respond to a CBC News request for comment.

But Opposition Liberal justice critic Andrew Parsons called the case “another example of government secrecy and paranoia.”

Parsons is accusing the government of deliberate actions to violate open-records laws.

“Their constant lack of transparency no matter the request or the subject is insulting to the office of the commissioner and incomprehensible,” said Parsons.