TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

attorney-client privilege [1 record]

Record 1 2013-07-30

English

Subject field(s)
  • PAJLO
  • Law of Evidence
CONT

Legal Professional Privilege. In civil and criminal cases, confidential communications passing between a client and his legal adviser need not be given in evidence by the client and, without the client's consent, may not be given in evidence by the legal adviser in a judicial proceeding if made either - (1) to enable the client to obtain, or the adviser to give, legal advice; or (2) with reference to litigation that is actually taking place or was in the contemplation of the client. ... the rationale of ... legal professional privilege ... is not the protection of confidentiality as such, but the additional fact that legal advice is exclusively concerned "with rights and liabilities enforceable in law, i.e. in the ultimate resort by litigation in the courts or in some administrative tribunal." (Cross, p. 282-283).

OBS

In law of evidence, client's privilege [means] to refuse to disclose and to prevent any other person from disclosing confidential communications between he and his attorney.

French

Domaine(s)
  • PAJLO
  • Droit de la preuve
OBS

secret professionnel de l'avocat : privilège du secret professionnel de l'avocat : termes normalisés par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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