TWO PROGRAMS: Solicitor-Client Privilege: R. v. Fox AND Criminal Law Update: How Much Do You Really Have to “Browne v. Dunn”?

Solicitor-Client Privilege: R. v. Fox

This program examines the Supreme Court of Canada’s decision in R v Fox and the innocence-at-stake exception to solicitor-client privilege. It reviews the core principles of solicitor-client privilege, the strict McClure application framework, Charter fair trial protections, and the Court’s finding that a lawyer charged with a criminal offence may seek access to a client’s privileged communications for use in their own defence. The presentation offers practical guidance on the limits of privilege, the need to follow the proper evidentiary procedure, and the importance of understanding both a lawyer’s rights and professional role.

Criminal Law Update: How Much Do You Really Have to “Browne v. Dunn”?

This criminal law update revisits the rule in Browne v. Dunn through R. v. McDonald, 2025 ONCA 807, with a practical focus on fairness in cross-examination and credibility challenges. The discussion explains that counsel does not always need to use exact wording or expressly accuse a witness of fabrication, provided the substance of the challenge is clear from the overall tenor of the questioning. It also highlights practical options where a concern arises, including recalling a witness or asking the trial judge to address the issue through an appropriate instruction on weight.