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Solicitor client privilege and the Green Energy Act

young-woman-at-desk1As hearings wind up on Bill 150 and the Green Energy Act, the Law Society of Upper Canada has made a presentation, bill150-presentation-lsuc on the proposed inspection and enforcement powers. The quaintly named regulator of Ontario lawyers has a standing objection to any search and seizure powers that do not expressly recognize solicitor client privilege. The Green Energy Act has essentially the same search and seizure powers as other environmental statutes such as the Environmental Protection Act. None of them discuss solicitor client privilege, although environmental regulators generally respect the common law privilege over communications between solicitor and client.

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