The Crown brought a pre-trial motion seeking a ruling that the accused had waived solicitor-client privilege regarding communications with his former counsel.
The accused had filed a written waiver at the preliminary hearing, purporting to limit the waiver to oral communications during a specific time period and solely for the purpose of the preliminary hearing.
The court held that the waiver could not be limited to the preliminary hearing, as doing so would allow the accused to use privilege as a sword rather than a shield and risk misleading the court.
The Crown was permitted to cross-examine the former counsel on any relevant communications within the specified time frame.
