What are the principles established in Maranda and what are the implications of this?

British Columbia, Canada


The following excerpt is from R. v Haevischer, 2014 BCSC 1008 (CanLII):

In Donell v. GJB Enterprises Inc., 2012 BCCA 135, Chaisson J.A., writing for the majority, provided a summary at para. 59 of the principles established in Maranda. I will cite those relevant to the issues arising in the present application: 1. at a minimum, Maranda establishes that lawyers’ bills, in the criminal law context, are presumptively subject to solicitor-client privilege; 2. this presumption flows from the connection between lawyers’ bills and the nature of the relationship between lawyers and clients; the account reflects work done on behalf of the client which involves communications that are privileged; 3. the presumption may be rebutted if it is established that there is no reasonable possibility that disclosure will directly or indirectly reveal any communications protected by privilege; …. 6. Maranda mandates that it is necessary to consider such records in order to determine whether they arise out of the solicitor-client relationship and what transpires within it, that is, communications to obtain legal advice; 7. if it is concluded that the records do arise out of that relationship and what transpires within it, they are presumed to be privileged, but the privilege can be rebutted and the document produced if it is established that production will not permit the deduction or acquisition of communications protected by solicitor-client privilege.

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