What is the current state of the law on privilege?
British Columbia, Canada
The following excerpt is from Festing v. A.G. Canada, 2000 BCSC 439 (CanLII):
However, the rule has since expanded beyond a mere rule of evidence. Dickson J. (as he then was) recognized this expansion in Solosky v. The Queen, 1979 CanLII 9 (SCC), [1980] 1 S.C.R. 821 at p. 836: “Recent case law has taken the traditional doctrine of privilege and placed it on a new plane. Privilege is no longer regarded merely as a rule of evidence which acts as a shield to prevent privileged materials from being tendered in evidence in a court room.”
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