Solosky v. The Queen

SCCInfoBox
case-name=Solosky v. The Queen
full-case-name=Billy Solosky v. Her Majesty The Queen
heard-date=June 13, 1979
decided-date=December 21, 1979
citations= [1980] 1 S.C.R. 821
ruling=The appeal by Solosky was dismissed.
SCC=1979-1980
Majority=Dickson J.
JoinMajority= Laskin C.J. and Martland, Ritchie, Pigeon, Beetz, Pratte and McIn­tyre JJ.
Concurrence=Estey J.

"Solosky v. The Queen" (1979), [1980] 1 S.C.R. 821 is a leading Supreme Court of Canada decision on solicitor-client privilege. The Court identified solicitor-client privilege as more than just a rule of evidence but as a fundamental right to all individuals.

Background

Billy Solosky was an inmate at the Millhaven corrections institute. All mail was subject to screening by officers of the prison under the "Penitentary Act". Solosky sought an application to prevent the correspondence with his lawyer under solicitor-client privilege.

Reasons of the Court

Justice Dickson, writing for the majority, held that Solosky had a right to privilege in all of his correspondence between him and his lawyer. Though privilege has its origins as an evidentary rule to protect parties in a litigation, it has become available to all clients seeking legal advice.

The criteria to gain the protection of solicitor-client privilege reuqires that "(i) a communication between solicitor and client; (ii) which entails the seeking or giving of legal advice; and (iii) which is intended to be confidential by the parties" (p. 834)

Dickson, however, stated that privilege did not apply where legal advice is not sought or offered, wher it is not intended to be confidential, and where its purpose is to further unlawful conduct. (p. 835)

ee also

* List of Supreme Court of Canada cases (Laskin Court)

External links

* [http://www.canlii.org/en/ca/scc/doc/1979/1979canlii9/1979canlii9.html full text from CanLII.org]