Solicitor-client privilege is a cornerstone of the Canadian justice system. It protects the confidential relationship between a lawyer and their client, allowing individuals to speak freely and honestly when seeking legal advice—without fear that their words will be used against them. The key messages in this section explain why solicitor-client privilege is more than just a legal rule—it is a fundamental right that safeguards the integrity of legal advice, protects individual freedoms, and reinforces public confidence in our legal system.
- Fundamental importance: Solicitor-client privilege is the foundation of a fair and just legal system. It ensures that individuals can speak openly with their lawyers without fear of their information being disclosed. Without this trust, justice is compromised. When people can fully share to share all the important details about their cases, lawyers can give them the best legal advice.
- Protecting confidential communications: The privilege belongs to the client, not the lawyer. This right exists to ensure individuals can speak freely and honestly with their lawyers, without fear that their words will be used against them. It covers more than just conversations. It applies to both verbal and written communications, along with any documents and materials related to legal advice. It does not include business advice. The privilege lasts indefinitely, unless waived by the client.
- Distinction from confidentiality: Solicitor-client privilege is stronger than the general duty of confidentiality. Confidentiality is an ethical obligation that lawyers have to their clients, while privilege is a legal right. This right allows clients to keep certain communications private and to prevent their disclosure in legal proceedings.
- Importance for access to justice: Solicitor-client privilege allows clients to speak openly with their lawyers and ensures access to justice by allowing clients to disclose all relevant information without fear of it being used against them. It maintains public trust in the legal system.
- Exceptions and limitations: Solicitor-client privilege does not apply to communications that are not for the purpose of seeking/giving legal advice (e.g. business advice), communications made to facilitate a crime or fraud, and situations where there is a clear, serious and imminent threat to public safety.
- Waiver of privilege: Only the client can waive solicitor-client privilege. Waiver must be voluntary and unambiguous. Privilege is not automatically waived if privileged information is accidentally disclosed.