The Role of the Independent Lawyer and Security Certificates
Criminal Law Quarterly Vol. 52, p. 85, 2006
14 Pages Posted: 21 Jun 2008
Abstract
Solicitor and client confidentiality is one of the central bulwarks of an effective and fair system of justice in this country. It allows the individual who is involved in a legal dispute to discuss the case in confidence with a trained legal adviser and then prepare to meet or present that case at a hearing. This article will explore the impact on this historic right resulting from Parliament's security certificate procedures enacted under the Immigration and Refugee Protection Act. That legislation severely undermines the traditional role of counsel and the traditional relationship between solicitor and client which have allowed counsel to be effective at adversarial hearings. Alternatives including the Air India model of giving lawyers access to material on conditional undertakings that they not share that information with anyone else including their own clients and the use of security cleared special advocates are examined.
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
Sources and Trends in Post 9/11 Anti-Terrorism Laws
By Kent Roach
-
National Security, Multiculturalism and Muslim Minorities
By Kent Roach
-
Counter-Terrorism Policy and Minority Alienation: Some Lessons from Northern Ireland
-
National Security, Multiculturalism and Muslim Minorities
By Kent Roach
-
By Sujit Choudhry and Kent Roach
-
Review and Oversight of National Security Activities With Some Reflections on Canada's Arar Inquiry
By Kent Roach
-
Ten Ways to Improve Canadian Anti-Terrorism Law
By Kent Roach
-
Better Late than Never: The Canadian Parliamentary Review of the Anti-Terrorism Act
By Kent Roach