What is solicitor/client privilege?

British Columbia, Canada


The following excerpt is from R. v. Lee, 2003 BCSC 2042 (CanLII):

In assessing the scope of the privilege, Major J. emphasized it as not absolute, but is subject to exceptions in certain cases, citing Smith v. Jones, 169 D.L.R. 4 385 (S.C.C.). He concluded: However, solicitor/client privilege must be as close to absolute as possible to ensure public confidence and retain relevance. As such, it will only yield in certain clearly defined circumstances, and does not involve a balancing of interests on a case-by-case basis.

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