How has solicitor-client privilege been interpreted in Canadian law?

Nova Scotia, Canada


The following excerpt is from R. v. Murtha, 2009 NSSC 342 (CanLII):

In Watkins v. Faught (1999) 179 N.S.R. (2d) 204, Gruchy, J. referred to Sopinka’s The Law of Evidence in Canada at ¶ 16 as follows: Finally I refer to Sopinka’s The Law of Evidence in Canada where the learned author (as he then was) explored the notion of fairness in relation to solicitor-client privilege. Similarly, Sopinka and Lederman in The Law of Evidence in Civil Cases at p. 182: Two essential elements must be present for a waiver to be established. The holder of the privilege must possess knowledge of the existence of the privilege which he is foregoing and also a clear intention of waiving the exercise of his right of privilege. Although waiver may be expressly given such cases are few. More frequent are those in which the waiver is by implication only. If the holder of the privilege makes a voluntary disclosure or consents to disclosure of any material part of the communication, then there will be a waiver.

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