R. v. K.B.

R. v. K.B.

Communications that fall within the confidential solicitor-client relationship between police and prosecuting counsel (including Nova Scotia PPS and retained Ontario AG counsel) are protected by solicitor-client privilege and need not be disclosed; communications from the Attorney General that amount to directions or public guidelines are not privileged and must be disclosed; inadvertent disclosure of a single privileged document did not waive privilege because the disclosing officer lacked authority to waive and prompt steps were taken to retrieve the document; publication ban under s.486.4(3) is mandatory but reasons will comply with it pending revocation decision.

Citation
2014 NSPC 23
Parties
Prosecution: Her Majesty the Queen; Accused: K.B.; Accused: C.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 May 2014
Procedural Posture
Criminal (child Pornography) / Pre Trial Disclosure/privilege Application
Outcome
Application granted in part and dismissed in part: court upheld solicitor-client privilege over the classes of communications between police and Crown counsel (including Ontario counsel and PPS), found no waiver from inadvertent disclosure, and ordered disclosure only for materials that are Attorney General...
Legal Topics
Solicitor Client Privilege, Waiver of Privilege, Disclosure Obligations (stinchcombe), Publication Ban S.486.4(3), Abuse of Process
Source Language
English
Criminal Law Evidence Privileges and Immunities Publication Ban Disclosure Obligations Solicitor Client Privilege Waiver of Privilege Disclosure Obligations (stinchcombe) +2 more

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Parties

Her Majesty the Queen

Prosecution

K.B.

Accused

C.S.

Accused

Procedural Posture

Criminal (child Pornography) / Pre Trial Disclosure/privilege Application

Legal Issues

  1. 1 Whether communications between police and prosecutors (Nova Scotia PPS or Ontario AG Office) are protected by solicitor-client privilege
  2. 2 Whether communications between the DPP/PPS and the Attorney General of Nova Scotia are privileged
  3. 3 Whether communications conveying directions from the Attorney General are privileged

Ratio Decidendi

Communications that fall within the confidential solicitor-client relationship between police and prosecuting counsel (including Nova Scotia PPS and retained Ontario AG counsel) are protected by solicitor-client privilege and need not be disclosed; communications from the Attorney General that amount to directions or public guidelines are not privileged and must be disclosed; inadvertent disclosure of a single privileged document did not waive privilege because the disclosing officer lacked authority to waive and prompt steps were taken to retrieve the document; publication ban under s.486.4(3) is mandatory but reasons will comply with it pending revocation decision.

Court Disposition

Application granted in part and dismissed in part: court upheld solicitor-client privilege over the classes of communications between police and Crown counsel (including Ontario counsel and PPS), found no waiver from inadvertent disclosure, and ordered disclosure only for materials that are Attorney General...

Orders

  • Communications within the confidential solicitor-client relationship between police and prosecuting counsel (Nova Scotia PPS or retained Ontario AG counsel) are privileged and need not be disclosed
  • Communications from the Attorney General of Nova Scotia or Department of Justice that provide directions or guidelines with respect to prosecution/investigation must be disclosed