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ARTICLE · 24 MAY 2013

What Is The Scope Of Confidentiality Included In The Solicitor-Client Privilege?

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In a recent decision, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.

CanadaLitigation, Mediation & Arbitration
Marc-André Russell
Marc-André Russell
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In Canada (Public Safety and Emergency Preparedness) v. Information Commissioner of Canada, 2013 FCA 104, the Federal Court of Appeal provides a useful reminder of the extent to which the solicitor-client privilege applies to policies agreed upon by several parties.

Background

At the core of this decision is a request made to the Royal Canadian Mounted Police ("RCMP") and the Department of Justice of Canada ("DOJ") under the Access to Information Act. This request aimed at obtaining a Protocol that sets out the respective roles of the RCMP and the Attorney General, as well as the procedures to be followed when the RCMP possesses documents relevant to civil litigation against the Federal Crown.

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