What is solicitor and client privilege and what is its purpose?

British Columbia, Canada


The following excerpt is from Certain Employees of G.l. Harper Scrap Metal and Demolition Ltd. v. G.l. Harper Scrap Metal and Demolition Ltd., 2004 CanLII 65521 (BC LRB):

33 The rationale behind solicitor and client privilege is the safeguard of a client’s ability to fully disclose to his or her lawyer information regarding the case with the assurance that these communications are made in confidence. Put another way, the purpose behind this form of privilege is: …to ensure that a client is free to tell his or her lawyer anything and everything that is pertinent to the case, without any fear that this information may subsequently be divulged and used against them. Without this freedom, there is the possibility that the lawyer may not have the benefit of all the relevant information, and may not be able to do his or her job effectively. And that possibility must be avoided as contrary to the interests of justice. (Stevens v. Canada (Prime Minister), supra, para 12)

Other Questions


Does the crime exception to solicitor client privilege apply to communications that would otherwise be exempt from disclosure due to solicitor-client privilege? (British Columbia, Canada)
Is solicitor-client privilege established if a senior official of one of the parties gives evidence of solicitor client privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to communications between client and solicitor? (British Columbia, Canada)
Does solicitor-client privilege last beyond the death of the client? (British Columbia, Canada)
Does the client have solicitor-client privilege? (British Columbia, Canada)
What is solicitor-client privilege and what is litigation privilege? (British Columbia, Canada)
Can a waiver of solicitor-client privilege occur when the client puts his mind in issue and legal knowledge? (British Columbia, Canada)
Is solicitor-client privilege waived by implication when a solicitor "enters the fray" by providing affidavit evidence? (British Columbia, Canada)
Is an independent statement privileged in the context of solicitor-and-client privilege? (British Columbia, Canada)
In what circumstances can a solicitor be said to be present in a transaction where the solicitor's proximity to investors was so close to the investors' solicitor that the solicitor failed to inquire? (British Columbia, Canada)
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