Can s-s (5) apply to a privileged communication between solicitor and client?

British Columbia, Canada


The following excerpt is from R. v. Lloyd, 1980 CanLII 317 (BC CA):

In my view, s-s (5) was intended to apply to a privileged communication between solicitor and client and could equally apply to a communication of the type discussed in Slavutych v. Baker et al. But with deference, it is not possible to equate the privilege attaching to those types of communications with the privilege attaching to a spouse who is the recipient of a matrimonial communication so as to make the information contained in such communication inadmissible as against the spouse who made the communication.

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