What is the current state of the law on accessing privileged communications?

British Columbia, Canada


The following excerpt is from R. v. Taylor, 1998 BCPC 2 (CanLII):

It is clear that while conducting an authorized interception, the police must follow the law including the principles of fundamental justice. A search that is not conducted in accordance with the principles of fundamental justice is unreasonable and contrary to the Charter (Lavallee et al v. Canada). If a target communicates with a lawyer as part of lawyer/client business, the communication is privileged. The police may not listen to the call, record it or use any information derived from it. To do so is contrary to law. If the police breach this, amongst other remedies, the communication and evidence derived from it may be ruled inadmissible. This is a decision that a trial judge makes on a case by case basis.

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