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ARTICLE · 23 FEBRUARY 2015

Solicitor-Client Privilege Trumps Federal Anti-Terrorist Laws

Norton Rose Fulbright Canada LLP
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The Supreme Court of Canada recently struck down sections of the federal terrorist financing and money laundering law because it violated solicitor-client privilege.

CanadaLitigation, Mediation & Arbitration
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
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The Supreme Court of Canada recently struck down sections of the federal terrorist financing and money laundering law because it violated solicitor-client privilege.

In Canada (Attorney General) v Federation of Law Societies of Canada1, the Federation of Law Societies challenged the identification, record-keeping, and search and seizure provisions found in the Proceeds of Crime (Money Laundering) and Terrorist Financing Act2 (the Act) and Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations3 (the Regulations).

In reaching its long-anticipated decision, the Supreme Court reinforced the importance of solicitor-client privilege and recognized a lawyer's commitment to his or her client is a principle of fundamental justice.

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