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The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Abstract

In Canada (Attorney General) v. Chambre des notaires du Québec the Supreme Court once again vigorously defended a lawyer’s obligation to preserve confidential client information. The Court’s recent interest in solicitor-client privilege is significant. Since 2006, the Court has heard at least 10 cases dealing with solicitor-client privilege, about the same number it heard during that period related to each of sections 15 and 2(b) of the Canadian Charter of Rights and Freedoms (“Charter”). The Court’s language in these cases reinforces the perception that the Court views solicitor-client privilege as extraordinarily important. Among other things, the Court has described solicitor-client privilege as “one of the most ancient and powerful privileges known to our jurisprudence” and as having an “importance…to our justice system [that] cannot be overstated.”

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