SCC Dismissal
Upholds Solicitor-Client Privilege
The Privacy Commissioner's order for records between a lawyer and
a client was dismissed Thursday, July 18 when the Supreme Court of
Canada upheld a decision made earlier by the Federal Court of
Appeal.
The FCA decision in the case, Blood Tribe Department of Health v.
Privacy Commissioner of Canada and Annette J. Soup, to vacate the
Commissioner’s order for production of records, stands.
In this decision, the SCC upheld the right of clients and lawyers
to solicitor-client privilege which means that clients are assured
that information shared to their lawyers is, and will always remain,
confidential.
The SCC noted in its decision that: "solicitor-client privilege
is fundamental to the proper functioning of the legal system.
Without that assurance, access to justice and the quality of justice
in this country would be severely compromised. It is in the public
interest that the free flow of legal advice be encouraged."
"Client confidence is the underlying basis for the
solicitor-client privilege, and infringement must be assessed
through the eyes of the client," the SCC report stated.
Continued...
>> Click
Here
| 
