Another One Bites the Dust! Bolstered Law Offices and a Blocked Taxman in Chambre Des Notaires Du Québec

(2017) 81 Supreme Court Law Review (2D), Forthcoming

Ottawa Faculty of Law Working Paper No. 2017-47

18 Pages Posted: 19 Oct 2017 Last revised: 1 Dec 2017

See all articles by Amy Salyzyn

Amy Salyzyn

University of Ottawa - Faculty of Law; University of Ottawa - Common Law Section

Date Written: October 19, 2017

Abstract

By constitutionalizing solicitor-client privilege, the Supreme Court of Canada has powerfully reinforced the importance of this concept to the proper functioning of our legal system and has given itself a new tool to protect the lawyer-client relationship from state interference. But, now, with more than a decade of this constitutionalization behind us, it is becoming more and more apparent that individual Charter rights, such as sections 7 and 8, are an awkward mechanism to insulate the lawyer-client relationship from government interference.

This paper explores the Court’s treatment of solicitor-client privilege under section 8 in Canada (Attorney General) v. Chambre des notaires du Québec. It concludes that the Court’s analysis in Chambre des notaires confirms that attempting to insulate the lawyer-client relationship from government interference by using individual Charter rights results in some awkward jurisprudential gymnastics and argues that a more robust engagement with the principle of lawyer independence will be necessary going forward.

Suggested Citation

Salyzyn, Amy, Another One Bites the Dust! Bolstered Law Offices and a Blocked Taxman in Chambre Des Notaires Du Québec (October 19, 2017). (2017) 81 Supreme Court Law Review (2D), Forthcoming; Ottawa Faculty of Law Working Paper No. 2017-47. Available at SSRN: https://ssrn.com/abstract=3055836

Amy Salyzyn (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur St
Ottawa, Ontario K1N6N5
Canada

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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