The Supreme Court of Canada heard three appeals concerning the constitutionality of s. 488.1 of the Criminal Code, which sets out a procedure for determining claims of solicitor-client privilege in relation to documents seized from a law office under a warrant.
The Court held that s. 488.1 violates s. 8 of the Charter because it more than minimally impairs solicitor-client privilege.
The provision allows privilege to be lost through the inaction of the lawyer, requires the naming of clients, lacks notice to clients, imposes strict time limits without judicial discretion, and permits the Attorney General to inspect documents before privilege is determined.
The Court struck down s. 488.1 and established common law guidelines for law office searches.
