News Update :

Canada's lawyers exempt from money-laundering laws

Sunday, November 20, 2011

B.C. Supreme Court ruling strikes down sections of federal law

Canada's lawyers are now exempt from the federal government's anti-money laundering and terrorist financing laws.

The B.C. Supreme Court has struck down sections of the law relating to lawyers as unconstitutional.

The law requires financial institutions and others, including lawyers, to keep records on money transactions in an attempt to stop terrorists and criminals from using cash.

Canada's 14 law societies challenged the law saying it infringed on solicitor-client confidentiality.

'It shouldn't be applied to us, because we would have to basically create evidence against our own clients.'
—Lawyer John Hunter

Lawyers for the attorney general of Canada argued during the trial last May that the legislation is valid and part of the country's international obligation.

But B.C. Supreme Court Justice Laura Gerow concluded the law infringes on lawyers and has ordered that they and their firms be excluded.

The charter infringement puts lawyers and their clients' liberty interests in jeopardy by collecting information about clients, and making that information available to the government, Gerow said in her ruling.

"In my view, reading down the act to exclude legal counsel and legal firms is appropriate, as this remedy respects both Parliament's objectives of controlling money laundering and terrorist financing ... and the charter rights of lawyers and their clients," Gerow concluded.

Strict professional rules in place
John Hunter, lawyer for the Federation of Law Societies, said Wednesday the ruling applies to lawyers across the country because Canada's attorney general agreed the legal action would be a test case.

Hunter said the law societies challenged the legislation because lawyers felt it intruded far too much on the lawyer-client relationship, especially when lawyers have strict rules on money that have the same effect as the government laws.

"It shouldn't be applied to us, because we would have to basically create evidence against our own clients. Constitutionally that can't be done. There's an independence issue here that's important for clients."
Share this Article on :


Advocate said...

I am very happy to discover your post as it will become on top in my collection of favorite blogs to visit.

Elizabeth J. Neal said...

Im no expert, but I believe you just made an excellent point. You certainly fully understand what youre speaking about, and I can truly get behind that.
raleigh traffic ticket lawyer

Erik Maurer said...

Thanks for the blog loaded with so many information. Stopping by your blog helped me to get what I was looking for. click here

Nicole Werner said...

I think this is one of the most significant information for me. And i’m glad reading your article. But should remark on some general things, The web site style is perfect, the articles is really great : D. Good job, cheers

Anna Schafer said...

Please let me know if you’re looking for a article writer for your site. You have some really great posts and I feel I would be a good asset. If you ever want to take some of the load off, I’d absolutely love to write some material for your blog in exchange for a link back to mine. Please send me an email if interested. Thank you! Website

Anna Schafer said...

I love this blog!! The flash up the top is awesome!! california personal injury lawyer

gunardi said...

The secrets as well acted to be the fantastic way to recognize that many people have the identical dreams the same as my personal own to figure out way more with reference to this problem. I believe there are many more fun instances in the future for individuals that examine your blog post.
Jual Septic Tank

gunardi said...

I feel this is among the such a lot vital info for me. And i am satisfied studying your article. However wanna commentary on few general things, The website style is ideal, the articles is truly nice
Tangki Panel

gunardi said...

Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying extra on this topic. If possible, as you develop into expertise, would you mind updating your blog with more particulars? It’s extremely helpful for me. Large thumb up for this blog publish!
Tangki Fiberglass

brittanymlemay said...

Excellent article. Very interesting to read. I really love to read such a nice article. Thanks! keep rocking. this page

Sophie Grace said...

I have bookmarked your website because this site contains valuable information in it. I am really happy with articles quality and presentation. Thanks a lot for keeping great stuff. I am very much thankful for this site. 192.168.l.1

Post a Comment

You may like this


© Copyright Global News 2010 -2011 | Design by Thaha Naleem | Published by Magazine Templates | Powered by