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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

But whose privilege is it?

Thursday, August 13, 2015 @ 8:00 PM | By Adam Dodek

Solicitor-client privilege occupies such an exalted status under Canadian law that it’s a misnomer to any longer conceive of it as merely an evidentiary privilege. The Supreme Court recognized solicitor-client privilege over two decades ago as a “fundamental civil and legal right” of Canadians, and over the last 16 years it has constitutionalized the privilege. While it is nowhere mentioned in the Canadian Charter of Rights and Freedoms, solicitor-client privilege boasts stronger constitutional protection in Canada than that which exists for most rights explicitly enumerated in...