CASE NO. VOLUME PAGE
THE ATTORNEY GENERAL OF CANADA SEVERAL SOLICITORS and
SEVERAL CLIENTS
- and -
(Appellant) (Respondents)
C.A.C. No. 165124 Halifax, N.S. Glube, C.J.N.S.
(orally)
[Cite as: Canada (Attorney General) v. Several Clients, 2000 NSCA 139]
APPEAL HEARD: November 30, 2000
JUDGMENT DELIVERED: November 30, 2000
WRITTEN RELEASE OF ORAL: December 1, 2000
SUBJECT: CONSTITUTIONAL LAW, Charter; s. 8.
CRIMINAL LAW, s. 488.1 (application where privilege claimed)
SUMMARY: As a result of search warrants being served on ten law firms, each involving one or more clients, a Charter challenge based on s. 8 was made to s. 488.1 of the Criminal Code. A publication ban was granted prohibiting the publication of information identifying the law firms searched and the clients whose files were seized. In an oral decision dated July 19, 2000, Chief Justice Kennedy, relying upon decisions from the Alberta Court of Appeal and other courts, found that s. 488.1 does not protect but rather compromises solicitor-client privilege. He found the section breaches s. 8 and that it cannot be saved by s. 1. He declared s. 488.1 unconstitutional pursuant to s. 52 of the Constitution Act. The Crown appealed.
ISSUE: Did the trial judge err in law in holding that s. 488.1 of the Criminal Code is inconsistent with s. 8 of the Charter and therefore of no force and effect pursuant to s. 52 of the Constitution Act, 1982.
The publication ban was continued.
RESULT: Generally, for the reasons by Chief Justice Kennedy in the decision under appeal, ([2000 N.S.J. No. 236]) and the cases relied upon therein, the appeal is dismissed.
|
This information sheet does not form part of the Court's judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 3 pages.
|