Can opinions and legal advice from the Department of Justice to the CCRA be privileged?

British Columbia, Canada


The following excerpt is from R. v. Millar, 2002 BCSC 958 (CanLII):

I agree with the Crown that in the trial judge’s decision and in argument before her, no distinction was made between the privilege associated with opinions and legal advice from the DOJ to the CCRA and with opinions and advice in internal DOJ communications. It appears to have been correctly accepted by the trial judge, however, that both types of advice were privileged: Idziak v. Canada (Minister of Justice), 1992 CanLII 51 (SCC), [1992] 3 S.C.R. 631.

Other Questions


Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to communications made with a view to obtaining legal advice? (British Columbia, Canada)
What is the test for asserting legal advice privilege? (British Columbia, Canada)
What is the legal test for recommending independent legal advice? (British Columbia, Canada)
What is legal advice privilege and what are the implications for Rule 68? (British Columbia, Canada)
What is the scope of confidentiality privilege in professional legal advice? (British Columbia, Canada)
What are the duties of a solicitor giving independent legal advice in the Family Law context? (British Columbia, Canada)
What is the legal test for disqualifying a solicitor for failing to disclose privileged information? (British Columbia, Canada)
What is the effect of obtaining independent legal advice at the time of negotiation of a marriage agreement? (British Columbia, Canada)
What is the test for assessing the adequacy of legal advice? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.