What is the difference between privilege and confidentiality?

British Columbia, Canada


The following excerpt is from In the Matter of the Legal Profession Act and Kenny, 2002 BCSC 346 (CanLII):

A distinction between confidentiality and privilege was recognized in Solosky v. The Queen (l979), 1979 CanLII 9 (SCC), 50 C.C.C. (2d) 495 (S.C.C.), at p. 502: ... it is not every item of correspondence passing between solicitor and client to which privilege attaches, for only those in which the client seeks the advice of counsel in his professional capacity, or in which counsel gives advice, are protected. . . .

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