Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
In today’s episode, Kyla Lee from Acumen Law Corporation discusses the unique and fascinating case of Sharon Fox, a lawyer charged with obstruction of justice. This case raised critical questions about the Charter rights of lawyers, specifically around solicitor-client privilege and privacy.
Key Points Discussed:
The Case: Sharon Fox was representing a client who was under investigation and wiretapped. Though the wiretap was legally authorized, police exceeded their bounds by listening to privileged conversations between Fox and her client. The Crown argued that Fox was advising her client on how to avoid legal trouble, leading to charges of obstruction of justice.
Lawyer’s Charter Rights: This case brought up significant issues about whether a lawyer, like Fox, can claim Charter rights, including privacy (Section 8) and life, liberty, and security (Section 7), in defence of solicitor-client communications. While it is clear that clients have privilege, this case asked whether lawyers also have the right to assert privilege as part of their Charter-protected rights.
Broader Legal Implications: The Supreme Court of Canada had an opportunity to clarify whether lawyers can use privilege as a shield against criminal charges and what limits exist on such privilege in criminal investigations. The case could have set important precedent on how far privilege extends and who exactly can claim it.
