On June 3, 2016, the Supreme Court of Canada yet again upheld the constitutional principle in support of professional secrecy between legal advisors and their clients. Justices Wagner and Gascon, rendering reasons for the Court in Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20, underscored the importance of solicitor-client privilege, not only in the judicial system, but also in the legal system. Accordingly, in Chambres des notaires, as well as in Canada (National Revenue) v. Thompson, 2016 SCC 21, released contemporaneously, the Court held that the right to professional secrecy trumped the need of the government to be able to obtain accounting records of legal advisors in so far as they related to clients.
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Today, in Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7,the Supreme Court confirmed that one of the hallmarks of the legal profession, namely, solicitor-client privilege is one of the fundamental principles of justice worthy of constitutional sanction under s. 7 of the Charter. In reviewing the federal government’s anti-terrorism and anti-money laundering legislation, the Court also ruled that, to the extent the legislation required lawyers to obtain and keep information about their clients for the government, it constituted an unreasonable search and seizure contrary to s. 8 of the Charter.