What is the meaning of section 7 of the Charter when it comes to the confidentiality of communications in the solicitor-client relationship?

British Columbia, Canada


The following excerpt is from R. v. Darji, 2004 BCPC 190 (CanLII):

In my view, the significant Charter section in issue here is actually s. 7. Under s. 7 of the Charter, the accused is not to be deprived of his liberty except in accordance with the principles of fundamental justice. This is, of course, a criminal trial wherein the liberty of the accused is very much at stake. The right to a fair trial and the right to make full answer and defence are principles of fundamental justice under s. 7. I am also of the view that the confidentiality of communications in the solicitor-client relationship is a principle of fundamental justice, especially in the context of a criminal trial wherein the accused has an absolute right of silence. Indeed, in Martin v. Gray (supra), Sopinka suggested that any loss of confidence in this principle "would deliver a serious blow to the integrity of the profession and to the public's confidence in the administration of justice" (pages 222-256). In the same vein, Cory J. noted: "Our judicial system ... cannot function properly if doubt or suspicion exists in the mind of the public that the confidential information disclosed by a client to a lawyer might be revealed." (page 272)

Other Questions


Is confidentiality an obligation of a lawyer to keep confidential all communications between lawyers and clients confidential? (British Columbia, Canada)
What is the test for a Charter voire dire to establish a breach of section 7 of the Charter? (British Columbia, Canada)
What is the meaning of a parent's "means" when it comes to income? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
Is sniffing for marihuana a search within the meaning of Section 8 of the Charter? (British Columbia, Canada)
In what circumstances will a court strike down or temporarily suspend a section of the Charter that prohibits the use of electronic communications? (British Columbia, Canada)
What is the test for using s. 10(b) of the Charter to argue that the amended provisions in the Charter do not violate section 8(b)? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
What is the meaning of the word "means" under section 7(1) of the Income Guidelines? (British Columbia, Canada)
What is the test for determining whether a section of legislation that discriminates against an applicant based on race, ethnicity, nationality, race, gender, ethnicity or nationality violates section 15 of the Charter? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.