A Dodek: Solicitor-Client Privilege in Canada: Challenges for the 21st Century

Adam Dodek’s paper for the Canadian Bar Association titled “Solicitor-Client Privilege in Canada: Challenges for the 21st Century” has just been posted online (February, 2011).  To access the full paper online, click HERE.

Executive Summary

The context for this Discussion Paper is the need to take stock of the state of Solicitor- Client Privilege in Canada in light of developments internationally and at home. There is no single court decision, government action or event that has precipitated the need for reflection but that should not be an invitation for complacency. The Supreme Court of Canada’s jurisprudence is consistent and predictable in strongly protecting Solicitor-Client Privilege (the Privilege). It generally aligns with the positions taken by the Canadian Bar Association (CBA) before the high court. However, the court’s jurisprudence does not provide an adequate framework for addressing the multitude of issues that currently exist and that are likely to arise regarding the Privilege.

Moreover, the Canadian approach to the Privilege is in many ways at odds with how the Privilege is treated in other common law jurisdictions. In an increasingly globalized legal world, the time is ripe to identify issues for the Privilege in Canada and begin to start to think about how they should be addressed. This is the raison d’être of this Discussion Paper.

To access the paper online, click HERE.

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