R. v. Leggette

R. v. Leggette

The notes are not solicitor-client privileged because they were not communications to a lawyer, were not shown to have been prepared at the direction of counsel or intended as confidential communications to counsel, contained material addressed to third parties and evidence of intent to publish/monetize (a book), and therefore none of the constituent elements of solicitor-client privilege or litigation privilege are met; accordingly all 35 pages are admissible at the Preliminary Inquiry for committal purposes.

Citation
2014 NSPC 115
Parties
Crown: Her Majesty the Queen; Accused: Blake Leggette; Accused: Victoria Henneberry
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 July 2014
Procedural Posture
Criminal Homicide (first Degree Murder) / Preliminary Inquiry (voir Dire on Solicitor Client Privilege)
Outcome
Notes are not protected by solicitor-client or litigation privilege and are admissible in evidence at the Preliminary Inquiry for committal.
Legal Topics
Solicitor Client Privilege, Litigation Privilege, Admissibility of Evidence, Preliminary Inquiry/committal, In Camera Voir Dire
Source Language
English
Criminal Law Evidence Privilege Law Procedural Law Solicitor Client Privilege Litigation Privilege Admissibility of Evidence Preliminary Inquiry/committal +1 more

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Parties

Her Majesty the Queen

Crown

Blake Leggette

Accused

Victoria Henneberry

Accused

Procedural Posture

Criminal Homicide (first Degree Murder) / Preliminary Inquiry (voir Dire on Solicitor Client Privilege)

Legal Issues

  1. 1 Whether 35 pages of notes seized from the accused attract solicitor-client privilege
  2. 2 Whether notes could be protected by litigation privilege
  3. 3 Whether a preliminary inquiry judge may rule on Charter issues in this context

Ratio Decidendi

The notes are not solicitor-client privileged because they were not communications to a lawyer, were not shown to have been prepared at the direction of counsel or intended as confidential communications to counsel, contained material addressed to third parties and evidence of intent to publish/monetize (a book), and therefore none of the constituent elements of solicitor-client privilege or litigation privilege are met; accordingly all 35 pages are admissible at the Preliminary Inquiry for committal purposes.

Court Disposition

Notes are not protected by solicitor-client or litigation privilege and are admissible in evidence at the Preliminary Inquiry for committal.

Orders

  • Voir dire on privilege held in camera; public and media excluded for that proceeding.
  • All 35 pages of Mr. Leggette's notes admitted as evidence against him at the Preliminary Inquiry on the issue of committal.