In what circumstances will the court order production of solicitor/client privilege in a criminal case?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Jodi Lynne Feldman, 2012 ONLSHP 168 (CanLII):
In Descôteaux v. Mierzwinski, 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860 (SCC), a criminal case, the requested production would have allowed the state access to solicitor/client communications respecting the very crime with which the accused had been charged. The court upheld solicitor/client privilege in the context of the seizure of the legal aid application that contained, inter alia, notes on the crime of which the applicant had been accused. The court, however, ordered production of the portion of the legal aid application that contained false financial information, which was the basis of the charge against the accused.
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