The Crown brought an application concerning the forfeiture and destruction of devices seized during a criminal investigation involving materials potentially subject to solicitor-client privilege.
The court reviewed the draft order submitted on consent by the parties and determined that it should issue with modifications requiring a detailed report describing the manner in which the seized devices and forensic images were destroyed.
The court held that judicial supervision over materials seized from a law office includes oversight of their ultimate destruction in order to preserve confidence in the protection of solicitor-client privilege.
The parties were invited to make written submissions regarding the proposed amendments before the order would be finalized.