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ARTICLE · 20 FEBRUARY 2015

SCC Recognizes A Lawyer’s Duty Of Commitment To The Client’s Cause

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In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer’s duty of commitment to the client’s cause.

CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
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In a decision released on Friday, the Supreme Court of Canada has recognized a new principle of fundamental justice: a lawyer's duty of commitment to the client's cause.

In Canada (Attorney General) v Federation of Law Societies of Canada, the Federation of Law Societies commenced a constitutional challenge to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its regulations. The legislation is designed to limit the risk that financial intermediaries may launder money or finance terrorists, either wittingly or not. It requires financial intermediaries (including lawyers) to collect, record and retain information verifying the identity of those on whose behalf they pay or receive money. It puts in place an agency to oversee compliance, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and allows that agency to search for and seize that material. The legislation authorizes sweeping searches of law offices and

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