Can solicitor-client privilege be set aside in the interest of public safety?
Ontario, Canada
The following excerpt is from Lopes v. Glover, 2020 ONSC 4915 (CanLII):
Solicitor-client privilege may be set aside in rare circumstances in the interest of public safety. In determining if these circumstances exist, the court must consider three factors: First, is there a clear risk to an identifiable person or group of persons? Second, is there a risk of serious bodily harm or death? Third, is the danger imminent? Clearly if the risk is imminent, the danger is serious: Smith v. Jones, 1999 CanLII 674 (SCC), [1999] 1 SCR 455 at para. 77.
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