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Canada's Supreme Court allows lawyers to access privileged client info to defend themselves, upholding Sharon Fox’s acquittal.
The Supreme Court of Canada has ruled that lawyers may access privileged client communications to defend themselves when their own innocence is at stake, establishing a new exception to solicitor-client confidentiality.
In a 7-2 decision, the court upheld the acquittal of Regina lawyer Sharon Fox, who was charged with obstruction of justice after a recorded call revealed she warned her client about police searches and advised evidence destruction.
The court found that the breach of privacy by a civilian monitor during an RCMP wiretap undermined public confidence in the justice system, and that a lawyer’s right to a fair trial cannot be compromised before they can request access to privileged material.
The ruling sets guiding principles for when such exceptions apply, balancing the need for client confidentiality with fundamental fairness.
La Corte Suprema de Canadá permite a los abogados acceder a información privilegiada de clientes para defenderse, confirmando la absolución de Sharon Fox.