Solosky v R

Background

Billy Solosky was an inmate at the Millhaven corrections institute. All mail was subject to screening by officers of the prison under the Penitentiary Act. Solosky sought an application to prevent the screening of correspondence with his lawyer under solicitor-client privilege.

Reasons of the court

Justice Dickson, writing for the majority, held that Solosky had a right to privilege in all of his correspondence between him and his lawyer. Though privilege has its origins as an evidentiary rule to protect parties in a litigation, it has become available to all clients seeking legal advice.
The criteria to gain the protection of solicitor-client privilege requires "(i) a communication between solicitor and client; (ii) which entails the seeking or giving of legal advice; and (iii) which is intended to be confidential by the parties" (p. 834)
Dickson, however, stated that privilege did not apply where legal advice is not sought or offered, where it is not intended to be confidential, and where its purpose is to further unlawful conduct. (p. 835)