The Supreme Court of Canada’s list of appeals for May includes several cases that could affect the paralegal scope of practice.
Employment, privilege and privacy are among the key principles the court is asked to consider this month:
David M. Potter v. New Brunswick Legal Aid Services Commission, a statutory body corporate pursuant to a special act of the Province of New Brunswick (N.B.)
This employment law case involves a claim of constructive dismissal and repudiation of an employment contract.
Attorney General of Canada v. Federation of Law Societies of Canada
The Federation of Law Societies of Canada commenced a constitutional challenge to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 and its Regulations. Solicitor-client privilege is at issue. The Act authorizes a government agency to search lawyers’ offices and computers and to reproduce records, without warrants.
Kevin Fearon v. Her Majesty the Queen
This is a s.8 Charter challenge to cell-phone searches. The trial judge admitted evidence obtained from a cell-phone that was not password protected. The court is asked to determine whether: the legal framework governing searches incident to arrest extends to cell-phones; a cell phone exception should be made to the common law power of police to search incident to arrest; evidence found on the appellant’s cellphone during his arrest should have been excluded pursuant to s. 24(2) of the Charter.
Learn more about these cases, and check for webcasts, at the SCC website.