CBA Defends Integrity of Solicitor-Client Privilege in M.N.R. v. Thompson at Supreme Court of Canada

  • February 01, 2015

In its intervention before the Supreme Court of Canada in the appeal of Minister of National Revenue v. Thompson, the Canadian Bar Association (CBA) defends the integrity of solicitor-client privilege and argues that the definition of “solicitor-client privilege” in s. 232(1) of the Income Tax Act maintains the common law definition and does not restrict its scope.

“Any statutory encroachment on solicitor-client privilege must be clear and explicit and interpreted restrictively,” says Mahmud Jamal, pro bono legal counsel in the intervention. “Client names and other financial information contained in a law firm’s administrative records can be privileged if they were provided to obtain legal advice,” he added.

Read more