Supreme Court rules lawyers may disclose solicitor-client privilege to defend themselves

Canada's Supreme Court upheld Regina lawyer Sharon Fox's acquittal and ruled that lawyers may reveal privileged client communications when defending their own innocence.

Canada's Supreme Court issued a 7-2 decision in the case involving Regina lawyer Sharon Fox. The court upheld her acquittal on obstruction charges. It found a civilian monitor negligently listened to a 2019 wiretapped call in which she gave legal advice. The court also said lawyers can disclose privileged client communications to defend their own innocence in limited circumstances. Key facts: - The Supreme Court upheld Sharon Fox's acquittal and decided the case by a 7-2 margin. - A civilian monitor listened to part of a 2019 wiretapped call and the court described that as negligent interference with solicitor-client privilege. - The court rejected an absolutist rule that would bar lawyers from using privileged communications when their innocence is at stake, saying such a rule could produce an unfair trial. - Two justices dissented, expressing concern about prosecuting lawyers for obstruction of justice. - Commentators noted the decision could affect trust in lawyer-client relationships, particularly for marginalized communities. Summary: The ruling establishes that, in limited circumstances, lawyers may disclose privileged communications to defend themselves, while emphasising that intrusions on the lawyer-client relationship can harm confidence in legal advice. The court's finding about negligent eavesdropping brought an end to Sharon Fox's case. Undetermined at this time.