Professional Documents
Culture Documents
Professional Responsibility - Mind Map - Quick Reference PDF
Professional Responsibility - Mind Map - Quick Reference PDF
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S2. PR - Types of Misconduct
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S3. PR - Ethics & Professional Regulation
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S4. PR - Confidence & Privilege
Connects to Section 1 —
Loyalty & Ethics
[Descoteaux v Mierzwinski]
communications which are
Criminal Fraud / criminal in themselves are are
Communication made w view to obtain legal
advice to facilitate crime are not
[Goodis v Ontario] Judge treated privileged. 4-Step rule for
motion for access as one by requester’s privilege [pg. 44/5]
council rather than by requester to argue
wether those records fall under Freedom of [Smith v Jones] when interest in
Info Act. But found that absent necessity in protection of the innocent accused
order to achieve end sought by legislation, and the safety fo members of the
they may not be used (client privilege was public is engaged, the privilege will
exception in legislation). Absolutely Public Safety have to be balanced against these
Necessary test in short: as restrictive as other compelling public needs. Only
Legislative Exceptions
possible w/o be an absolute block in compelling PI may override. 3
every case [pg. 47] considerations to determine
balance [pg. 45/6]
[Merchant] Does privilege extent to
include Law society? No but lawyers can’t [R v McClure] Privilege is
use client privilege to undermine LS role not an absolute and may yield
(regulation). Legislative privileges trump Exceptions / Exclusions Innocence at to allowed accused to make
relationship privileges; Law Society has job Stake full answer and defence.
to do by legislative power [pg. 47] Innocence at Stake Test (2
steps) [pg. 46]
[R v Fink] Offended the
Criminal Code s488.1 [R v Cunningham]
Charter and could not be saved
introduces procedures on how Disclosure of non-payment of
under S.1 b/c it did not
solicitor-client privilege would fees does not fall under special
minimally impart the right no
be assessed in searches circumstances b/c it does not
more than necessary to achieve Legislation on National
conducted at law offices attract privilege in the first place
the legislative objective Security / Law
[pg. 51/2]
[Canada (AG) v FLSC] Leglisation that required Enforcement
lawyers to collect, record, and retain information on Special [R v Murray] Evidence
those who paid them money to prevent money Circumstances interconnected w privilege
laundering. Held as affront to FJ and client privilege as (video tapes) Looks at
it put government in middle of relationship [pg. 50/51] tendency test.
Communication about
evidence privileged; physical
evidence itself is not. Yet, no
obligation to help police either.
[pg. 52/3]
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S5. PR - Conflicts of Interests
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S6. PR - Adversary / Criminal System
⚖
⚖ ⚖ # ! ⚖⚖ ⚖ !
! !
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law
S7. PR - Corporate Counsel
The Transition Blog, 2019 | https://thetransitionblog.wixsite.com/website | SHARING IS STRICTLY PROHIBITED without express permission. If found in breach
of your single-use licence, you may be reported to the law society in your region which assesses character fitness required for admission to the practice of law