Communications in Furtherance of Unlawful Conduct – An Exception to Solicitor-Client Privilege

As a general rule solicitor-client privilege is considered sacrosanct in Canada. However, it has been subject to an established principle that where the communications with the lawyer are criminal or made with the purpose of obtaining legal advice to facilitate the commission of a crime or a fraud, privilege is lost. This has been called the "future crime and fraud" exception. Over the past 20 years, lower courts in Canada have been divided on the issue of whether this exception should be expanded to include other unlawful conduct.

I authored an article with my colleague, Robyn Ryan Bell, to consider the different lines of authority and discuss the implications for counsel in light of the unsettled state of the law in this area. Please feel free to contact me if you would like a copy of this paper.