Knowing little about such things, shall opine spuriously.
It seems the DND lawyers are attempting to squirrel the issue, making it one of solicitor-client privilege when the issue is whether Defence Minister Peter McKay sees a responsibility to reveal to the public how he, as an elected representative, made decisions wrt how he treats civil servants (i.e. military) and citizens under his control. Notably, in his elected position. For which he is accountable to Canada.
The DND lawyer is attempting to make it look as if continuing will force courts to potentially abrogate all solicitor-client privilege — making continuing therefore dangerous to society at large — while also maintaining a sideways attack on the inquiry's jurisdiction and commissioner's "power."
The tack smacks of desperation.
[The inquiry by the Military Police Complaints Commission is to look into the handling of a 2008 suicide of Cpl. Stuart Langridge at CFB Edmonton, to determine if allegations three inquiries held by the military’s National Investigation Service (NIS) were biased in favour of the military and buried the truth of how Langridge was treated immediately before his death.]
Obviously, given McKay's
effective gagging of DND lawyers, and any staff who received any advice from said lawyers, there is little interest in providing information.
Who's surprised?
I wonder why the DND lawyers are even showing up at the inquiry hearings? It would be amusing if the government's overweening attitude towards Canadian citizens were not so bone-shakingly worrisome.
Read Chris Cobb's fantastic live tweets from the Military complaints commission hearing Wednesday, May 23