University of Ottawa law professor Adam Dodek has written a discussion paper on solicitor-client privilege for the Canadian Bar Association that takes a good look at some fundamental questions around one of the touchstones of the profession.
The 62-page research paper, “Solicitor-Client Privilege in Canada, Challenges for the 21st Century,” is a thorough examination of the state of solicitor-client privilege in Canada and around the world.
In this country, says Dodek, there is fairly beefy protection for privilege but it’s still not always clear when and where it exists. “Solicitor-client privilege in Canada has evolved from a limited evidentiary privilege to a quasi-constitutional right. The Supreme Court of Canada has weighed in; however the jurisprudence does not provide an adequate framework for some related issues,” says Dodek in the paper’s executive summary.