Privilege Assignment
Ralph H. Boyce Jr.
JUST 2503 – CANADIAN CRIMINAL PROCEDURE
Gord Sereda, Instructor
Friday, December 1, 2017
Privilege Assignment
Answer One: Solicitor – Client Privilege While a lawyer will always have an ethical duty of confidentiality to their client, and all information (and by extension, physical evidence) provided by their client (The Canadian Bar Association, 2017, (s) 1, para. 2), solicitor – client privilege would not protect the lawyer’s actions with regards to concealing a firearm and a blood-stained shirt, as the act of concealing the items would constitute a communication “made for the purpose of or contribute to the commission of a criminal offence” (Watkins, Anderson, & Rondinelli, 2013, p. …show more content…
Another reason that informer privilege is so important is that the protection provided encourages others to come forward with information about criminal activity (Public Prosecution Service of Canada Deskbook, 2014, S3.11(2) p. 2 & Watkins, Anderson, & Rondinelli, 2013, p. 68). Informer privilege falls under the category of class privilege, where the relationship between confidential informants and police (and the Crown) is more important to protect than the information provided by the informant. Specifically, the “blanket confidentiality” provided by this level of privilege is what provides the “necessary assurance to the solicitor’s client or the police informant to do the job required by the administration of justice” (R. v. National Post, 2010, para. …show more content…
Known as the “Innocence at Stake” exception, the crown prosecution or a police officer can be compelled to provide the identity of their confidential informant, when that knowledge is deemed necessary to prove the innocence of the accused, or the informant is a material witness to the offence that the accused is charged with. This exception can only take place when the identity or knowledge is deemed crucial, not on the assumption that it might benefit the accused (Watkins, Anderson, & Rondinelli, 2013, p.
Ralph H. Boyce Jr.
JUST 2503 – CANADIAN CRIMINAL PROCEDURE
Gord Sereda, Instructor
Friday, December 1, 2017
Privilege Assignment
Answer One: Solicitor – Client Privilege While a lawyer will always have an ethical duty of confidentiality to their client, and all information (and by extension, physical evidence) provided by their client (The Canadian Bar Association, 2017, (s) 1, para. 2), solicitor – client privilege would not protect the lawyer’s actions with regards to concealing a firearm and a blood-stained shirt, as the act of concealing the items would constitute a communication “made for the purpose of or contribute to the commission of a criminal offence” (Watkins, Anderson, & Rondinelli, 2013, p. …show more content…
Another reason that informer privilege is so important is that the protection provided encourages others to come forward with information about criminal activity (Public Prosecution Service of Canada Deskbook, 2014, S3.11(2) p. 2 & Watkins, Anderson, & Rondinelli, 2013, p. 68). Informer privilege falls under the category of class privilege, where the relationship between confidential informants and police (and the Crown) is more important to protect than the information provided by the informant. Specifically, the “blanket confidentiality” provided by this level of privilege is what provides the “necessary assurance to the solicitor’s client or the police informant to do the job required by the administration of justice” (R. v. National Post, 2010, para. …show more content…
Known as the “Innocence at Stake” exception, the crown prosecution or a police officer can be compelled to provide the identity of their confidential informant, when that knowledge is deemed necessary to prove the innocence of the accused, or the informant is a material witness to the offence that the accused is charged with. This exception can only take place when the identity or knowledge is deemed crucial, not on the assumption that it might benefit the accused (Watkins, Anderson, & Rondinelli, 2013, p.