Top Court Exempts Lawyers From Money-laundering Law That Might Breach Solicitor-client Privilege

“The regime authorizes sweeping regulation workplace searches which inherently danger breaching solicitor-client privilege,” Justice Thomas Cromwell wrote for the court docket. Cromwell mentioned that the legislation, as initially written, required attorneys “on ache of imprisonment, …

“The regime authorizes sweeping regulation workplace searches which inherently danger breaching solicitor-client privilege,” Justice Thomas Cromwell wrote for the court docket. Cromwell mentioned that the legislation, as initially written, required attorneys “on ache of imprisonment, to acquire and retain info that isn’t crucial for moral authorized illustration and supply insufficient safety for the client’s confidences topic to solicitor-client privilege. Fred Headon, previous president of the Canadian Bar Association, stated the ruling won’t enable criminals or terrorists to cover behind legal professionals. “Lawyers have very clear obligations in the direction of their regulation societies who regulate what we do – give us our licence to practise – that we’re to not be utilizing our workplaces, our duties, for unlawful functions,” he mentioned. He stated the societies’ codes of conduct have safeguards to guard legal professionals from being “used as dupes or unwittingly take part in cash laundering or terrorism actions. The legislation imposed a most 5-12 months prison time period and-or a high quality of up $500,000 for not complying. “Clients – and the broader public – should justifiably really feel assured that legal professionals are dedicated to serving their clients’ reputable pursuits freed from different obligations that may interfere with that obligation,” stated Cromwell. “Otherwise, the lawyer’s capacity to take action could also be compromised and the belief and confidence vital for the solicitor-client relationship could also be undermined,” he added. Chief Justice Beverley McLachlin and Justice Michael Moldaver dissented on supporting that precept, saying charter protections had been already in place to guard solicitor-client privilege.

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