The accused, Daniel Kenneth Porter, charged with failing to stop at the scene of a fatal accident, brought an application to exclude evidence obtained by the Crown, alleging a breach of solicitor-client privilege by his former lawyer, Ms. Elme Schmid, under sections 7 and 24(1) of the Canadian Charter of Rights and Freedoms.
The defence argued that Ms. Schmid breached privilege by providing information to the police without explicit waiver, and that the waiver was not voluntary.
The Crown contended that Ms. Schmid's advice was competent, Porter fabricated his account, and any remedy would not apply to a non-state actor.
The court found Porter's evidence unreliable and incredible, preferring Ms. Schmid's testimony, and concluded there was no breach of solicitor-client privilege, finding an implied waiver.
The application to exclude evidence was dismissed, and the trial was ordered to proceed.
