Does the crime exception to solicitor client privilege apply to communications that would otherwise be exempt from disclosure due to solicitor-client privilege?
British Columbia, Canada
The following excerpt is from Czech Republic v. Slyomovics, 2010 BCSC 1274 (CanLII):
The “crime exception” to solicitor-client privilege makes compellable communications which would otherwise be exempt from disclosure due to solicitor-client privilege. It is immaterial whether the lawyer is “an unwitting dupe or a knowing participant”: Solosky v. The Queen (1979), 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 at p. 835, Descôteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860, (1981), 70 C.C.C. (2d) 385 at pp. 398, 404-405.
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