In my view, the significant Charter section in issue here is actually s. 7. Under s. 7 of the Charter, the accused is not to be deprived of his liberty except in accordance with the principles of fundamental justice. This is, of course, a criminal trial wherein the liberty of the accused is very much at stake. The right to a fair trial and the right to make full answer and defence are principles of fundamental justice under s. 7. I am also of the view that the confidentiality of communications in the solicitor-client relationship is a principle of fundamental justice, especially in the context of a criminal trial wherein the accused has an absolute right of silence. Indeed, in Martin v. Gray (supra), Sopinka suggested that any loss of confidence in this principle "would deliver a serious blow to the integrity of the profession and to the public's confidence in the administration of justice" (pages 222-256). In the same vein, Cory J. noted: "Our judicial system ... cannot function properly if doubt or suspicion exists in the mind of the public that the confidential information disclosed by a client to a lawyer might be revealed." (page 272)
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