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FOR IMMEDIATE RELEASE
SEPTEMBER 12, 2002
OTTAWA - The Canadian Bar Association welcomes today’s decision by the Supreme Court of Canada to uphold the fundamental principle that clients’ communications with their lawyers must be protected.
Reacting to Supreme Court decisions in Lavallee, White Ottenheimer & Baker, and Fink, CBA President Simon Potter of Montreal says, “Today, the highest court in Canada has recognized that law office searches authorized under section 488.1 of the Criminal Code amount to unreasonable search and seizure under the Canadian Charter of Rights and Freedoms.”
Section 488.1 of the Criminal Code sets the parameters for law office searches by police. Today’s decision strikes down that provision. “The Supreme Court said that section 488.1 allowed unreasonable search and seizure, which is prohibited under section 8 of the Charter.”
The cases came from three different provinces and were heard together by the Supreme Court. They all involved government or police searches of law office files and the principle of solicitor-client privilege. Mr. Potter paid tribute to Jim Lebo of Alberta who argued the intervention. All CBA representation was provided pro bono (at no charge) in this case.
“Solicitor-client privilege is an important cornerstone of our justice system. It ensures that when clients speak to their lawyers, the communication remains private,” says Simon Potter. “Without that protection, police or government could seize confidential documents and use them in any investigation against the client.”
The Court has emphasized that this privilege belongs to the client and can only be waived by the client. “The CBA strives to uphold this principle and believes that everyone who consults with a lawyer must be able to do so in confidence,” says Mr. Potter.
The CBA intervened at the Supreme Court, arguing that the Court must be vigilant in protecting this fundamental right. Any exceptions to lawyer-client confidentiality must be clearly defined so lawyers understand the scope of lawyer-client privilege and their ethical obligations. The CBA recommended that section 488.1 be struck down. The Federation of Law Societies and the Law Society of Alberta also intervened to uphold the principle of solicitor-client privilege.
Simon Potter says “The Court outlined 10 principles to guide Parliament in drafting a new law and the CBA is committed to working with the government in that process.”
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada, (including 10,000 in BC) are members.
For more information, contact:
Caroline Nevin, Associate Executive Director
Canadian Bar Association British Columbia
T: 604.687.3404 x320
cnevin@bccba.org |