The CCLA has been granted leave to intervene in R. v. Fox before the Supreme Court of Canada. This appeal concerns if, and how, a lawyer can access their client’s privileged information to defend themselves against a criminal charge. The CCLA will make submissions on the framework that should apply in this unique circumstance. If a lawyer’s innocence is at stake, they should be able to rely on solicitor-client privileged information. However, the CCLA will submit important protections are required to protect the client’s interests in this process. These include excluding the public from part of the proceedings to preserve the privileged nature of the information, and protections against the Crown prosecutor from accessing the information or relying on it inculpate the client.
The CCLA thanks Anil Kapoor of Kapoor Barristers for their excellent pro bono representation in this case. We thank Catherine Ouellet of Gowling WLG for their pro bono agent services.
About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.
For the Media
For further comments, please contact us at media@ccla.org.
English (Canada) 
Français du Canada