The Role of the Independent Lawyer and Security Certificates

Criminal Law Quarterly Vol. 52, p. 85, 2006

14 Pages Posted: 21 Jun 2008

See all articles by Michael Code

Michael Code

University of Toronto - Faculty of Law

Kent Roach

University of Toronto - Faculty of Law

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

Code, Michael and Roach, Kent, The Role of the Independent Lawyer and Security Certificates. Criminal Law Quarterly Vol. 52, p. 85, 2006, Available at SSRN: https://ssrn.com/abstract=1147814

Michael Code

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Kent Roach (Contact Author)

University of Toronto - Faculty of Law ( email )

Toronto, Ontario M5S 1A1
Canada
416-946-5645 (Phone)
416-978-2648 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
205
Abstract Views
1,781
Rank
268,682
PlumX Metrics