innocence at stake

R v Brassington: Privilege Cannot Pierce Privilege

On July 20th 2018, the Supreme Court of Canada unanimously held that “although solicitor-client privilege provides a near-impenetrable shield for communications with counsel, it is not a sword that can be wielded to pierce informer privilege.” In other words, privilege cannot pierce privilege. Confident and well-constructed, Justice Abella’s decision for the Court in R v […]

R v Rutigliano: Solicitor-Client Privilege and Abuse of Process

How are courts to deal with instances where solicitor-client privilege and the right to full answer and defence – both principles of fundamental justice, protected under section 7 of the Charter – come into conflict?  More specifically, can solicitor-client privilege between the Crown and police be abrogated in a criminal proceeding, so that the accused […]