The federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and associated regulations require lawyers to record information about their clients. Federal officials are authorized to demand copies of the records and enter premises to inspect. The Federation of Law Societies of Canada objected to lawyers’ inclusion in the scheme, on the basis that it would violate the independence of the Bar, lawyers’ duty of loyalty to their clients, and solicitor-client privilege.
The SCC struck down the provisions, noting that Parliament could impose anti-money laundering obligations on the legal profession. The Court held that these provisions infringe s. 7 of the Charter, as they violate counsel’s duty of commitment to their client’s cause. Further, the search provisions infringe s. 8 of the Charter as they do not adequately protect solicitor-client privilege. The infringements are not justified under s. 1.
John Hunter, QC (Hunter Litigation Chambers), and Roy Millen (Blake, Cassels & Graydon LLP), for the Federation of Law Societies of Canada.
Christopher Rupar and Jan Brongers (Department of Justice), for the Attorney General of Canada.
Craig Ferris, QC, and Laura Bevan (Lawson Lundell LLP), for the intervener the Canadian Bar Association.
Leonard Doust, QC, and Michael Feder (McCarthy Tétrault LLP), for the intervener the Law Society of British Columbia.
Raymond Doray and Loïc Berdnikoff (Lavery, de Billy, L.L.P.), for the interveners Barreau du Québec and Chambre des notaires du Québec.
Michal (now Madam Justice) Fairburn and Justin Safayeni (Stockwoods LLP), for the intervener the Criminal Lawyers’ Association (Ontario).
Mahmud Jamal, David Rankin and Pierre-Alexandre Henri (Osler, Hoskin & Harcourt LLP), for the intervener the Canadian Civil Liberties Association.
Paul Stern (Stern Landesman Clark LLP) and Robert Centa (Paliare Roland Rosenberg Rothstein LLP), for the intervener the Advocates’ Society.