Summary

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms - Constitutional Law - Fundamental justice - Right to life, liberty and security of the person - Search and seizure - Whether it is constitutionally permissible to impose obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, and its related Regulations on lawyers, notaries and law firms - Whether the Act and Regulations breach ss. 7 or 8 of the Charter in a manner that fails to conform to principles of fundamental justice - Proceeds of Crime (Money Laundering) and Terrorist Financing Act, ss. 5(i), 5(j), 62, 63, 63.1 or 64 - Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, ss. 11.1, 33.3, 33.4 or 59.4

Pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its Regulations, specified business and persons including lawyers and law firms must identify, record and monitor financial transactions. The Financial Transactions and Reports Analysis Centre of Canada uses this information to detect and prevent money laundering and financing of terrorism. The Act authorizes FINTRAC to search lawyers’ offices and computers and to reproduce records, without warrants. In specific circumstances, it may disclose information obtained in a compliance audit to law enforcement agencies and supervisory bodies. Lawyers and law firms are exempt from reporting requirements that apply to other professionals and financial businesses. The Act also prevents disclosure of solicitor-client privileged information and it provides a process to deal with claims of solicitor-client privilege. The Federation of Law Societies of Canada commenced a constitutional challenge to the Act and its Regulations.

Lower Court Rulings